Welcome to the December 2018 edition of the Free Movement immigration update podcast. It’s a bumper issue, with a host of immigration announcements just before Christmas to cover, including two sets of changes to the Immigration Rules, a white paper, an Immigration Bill and announcements on EU citizens’ rights. We run through the main policy and procedural changes for lawyers to be aware of before turning to some case law on asylum and detention, as well as all the Upper Tribunal’s reported decisions for this month — all in just 25 minutes.

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The main content of the downloadable 25-minute audio podcast follows the (non chronological) order of content below:

Points Based System

New statement of changes to the Immigration Rules: HC 1779

Home Office confirms chaotic U-turn on suspension of Tier 1 (Investor) visas

Immigration white paper published

Procedure

Dedicated Home Office team to consider new evidence in pending appeals

Immigration health surcharge to double from 8 January 2019

Immigration lawyers have to publish their prices by 6 December 2018

Court of Appeal guidance on costs in ETS cases

Rolling review can be appropriate, Court of Appeal holds

Brexit

New statement of changes to the Immigration Rules: HC 1849

A member of an EU national’s household can apply for settled status

Government to water down EU citizens’ rights if no Brexit deal

Immigration Bill to end EU free movement finally published

Upper Tribunal

Tribunal calls for sensible approach to evidence justifying late applications

Family members of cross border workers can derive EU right to reside if needed for childcare

Home Office further amends removals policy in response to Upper Tribunal judgment

Asylum

Tribunal finds “hair trigger” risk for activist Iranian Kurds

Report plays down ill-treatment of non-Arab Sudanese in Khartoum

Home Office allowed to withdraw concession in another pro-government appeal ruling

Fast Track asylum appeals under an unlawful system were not necessarily unfair

Detention

Higher damages payable for unlawful detention caused by delay in providing bail accommodation

143-day average waiting times for detained asylum seekers – another unlawful system?