- BY Colin Yeo
Immigration update podcast, episode 59
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Welcome to the November 2018 edition of the Free Movement immigration update podcast. This month we again take it from the top with the Supreme Court’s latest attempt to cut through the complexity of our immigration law before turning to a major High Court decision on trafficking. November also saw the Home Office roll out a new in-country application system, so we’ll discuss what we know about that so far. There’s then some Upper Tribunal case law on appeals, asylum and Article 3 to chew on, and we conclude on the now-infamous paragraph 322(5).
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The main content of the downloadable 25-minute audio podcast follows the (non chronological) order of content below:
Human rights
Supreme Court decides meaning of “precarious immigration status” and “financially independent”
Exceptional circumstances in a spouse or partner visa application under Appendix FM
Trafficking
Major court win for trafficking victims as subsistence payment cut is reversed
Procedure
The new UK in-country visa application system
Family of four face removal for failing to tick box on visa application form
Appeals law
A “new matter” includes EU law arguments
Upper Tribunal grants general permission to appeal to Afghan hijackers
Asylum
Immigration Rules on humanitarian protection conflict with EU law
Home Office “too accepting” of dire asylum accommodation, immigration inspector finds
Article 3
Burden of proof rests with appellants in Article 3 appeals
More Article 3 appeals rejected as Court of Appeal stands firm on Paposhvili
Paragraph 322(5) tax cases
Blame the accountant? Tribunal weighs in on paragraph 322(5)
Home Office publishes paragraph 322(5) guidance but stands firm on controversial refusals
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