Welcome to the February 2016 edition of the Free Movement immigration update podcast. In this episode I cover a few policy issues then move on to a huge number of cases, most of which are only going to get a fairly brief mention to alert you to what is going on.

The material is drawn from the February 2016 blog posts on Free Movement.

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The downloadable 30 minute audio podcast follows the (non chronological) order of content below:

Policy

• Right to rent comes into force today
• Immigration Health Surcharge extends to Australia and New Zealand from 6 April 2016
• Comprehensive Sickness Insurance: what is it, and who needs it?
• Myth buster: A truthful account remains consistent
• New Asylum Policy Instruction on further submissions by failed asylum seekers

Important cases

• Babbage: Court orders release of Zimbabwean foreign criminal, criticises Government lawyers
• Upper Tribunal criticises Home Office for unfair and unrealistic appeals
• Home Office pays £40,000 in damages for delay in issuing EU residence documents
• Proper reasons must be given for totally without merit certificates
• Home Office fails in attempt to deport Italian man resident in UK for 60 years

Case summaries

• Court of Appeal grants permission in 2005 Detained Fast Track rules case
• Rule imposing mandatory refusal for deception is not ultra vires says Court of Appeal
• Secret Evidence in Immigration Tribunal Hearings: R (on the Application of ILPA) v Tribunal Procedure Committee and Lord Chancellor
• Presumption of readmission for EEA nationals to attend deportation appeals
• Refusal of leave to remain for their carer did not breach human rights of elderly couple
• Upper Tribunal can make wasted costs orders for appeals under 2005 rules
• Consecutive sentences do not a foreign criminal make
• Tribunal interprets spouse extension rule on overstay, required documents and language certificate
• Appeal lapses if leave is granted unless active notice is given to tribunal
• Sending an immigration decision to an email address is effective service
• New Country Guidance case on trafficked women from Albania
• Only danger to lesbians in India is from their own family, rules tribunal 
• Lone women in Pakistan without family support may be at risk of persecution, rules tribunal
• Only danger to gay men in Algeria is from their own family, rules tribunal