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OPINION OF ADVOCATE GENERAL CAMPOS SÁNCHEZ-BORDONA delivered on 26 February 2019(1) Case C‑129/18 SM v Entry Clearance Officer, UK Visa Section I suggest that the Court of Justice should reply to the Supreme Court of the United Kingdom in the following terms: (1) Article 2(2)(c) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC is to be interpreted as meaning that a child cannot be classed as a ‘direct descendant’ of a Union citizen where the child is only in the legal guardianship of that Union citizen under the institution of recueil legal (kafala) that applies in the Republic of Algeria. That child may, however, fall within the category of ‘other family members’ if the other requirements are satisfied and following completion of the procedure laid down in Article 3(2) of Directive 2004/38, in which case the host Member State must facilitate his or her entry and residence in that Member State in accordance with national legislation, having weighed the protection of family life and the defence of the child’s best interests. (2) Articles 27 and 35 of Directive 2004/38 can be applied in any of the situations referred to in that directive where grounds of public policy, public security or public health apply, and in the event of abuse of rights or fraud. (3) In applying Article 3(2) of Directive 2004/38, the authorities of the host Member State may enquire into whether sufficient regard was had, in the procedure for awarding guardianship or custody, to the best interests of the child. 26 February 2019 \| Judicial Body: European Union: Court of Justice of the European Union \| Document type: Case Law \| Legal Instrument: 1989 Convention on the Rights of the Child (CRC) \| Topic(s): Adoption - Family reunification \| Countries: Algeria - United Kingdom of Great Britain and Northern Ireland
Progress Report 2018: A Global Strategy to Support Governments to End the Detention of Asylum-Seekers & Refugees, 2014 - 2019 February 2019 \| Publisher: UN High Commissioner for Refugees (UNHCR) \| Document type: Thematic Reports
Options Paper 1: Options for governments on care arrangements and alternatives to detention for children and families (first published 2015, revised version 2019) 2019 \| Publisher: UN High Commissioner for Refugees (UNHCR) \| Document type: Thematic Reports
HB (Kurds) Iran CG [2018] UKUT 00430 (IAC) “whether a failed asylum seeker of Kurdish ethnicity will be at risk of persecution on return” 14 December 2018 \| Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) \| Document type: Case Law \| Topic(s): Country of origin information (COI) - Kurd - Returnees \| Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland
Submission by the United Nations High Commissioner for Refugees in the case of WA (Pakistan) v. Secretary of State for the Home Department before the Court of Appeal (Civil Division) 14 December 2018 \| Publisher: UN High Commissioner for Refugees (UNHCR) \| Document type: Court Interventions / Amicus Curiae
English teacher, students jailed on terrorism charges in Tajikistan 16 November 2018 \| Publisher: Radio Free Europe/Radio Liberty \| Document type: Country News
Freedom on the Net 2018 - United Kingdom 1 November 2018 \| Publisher: Freedom House \| Document type: Annual Reports
ES (s82 NIA 2002; negative NRM) Albania [2018] UKUT 00335 (IAC) 1. Following the amendment to s 82 of the Nationality, Immigration and Asylum Act 2002 ('the 2002 Act'), effective from 20 October 2014, a previous decision made by the Competent Authority within the National Referral Mechanism (made on the balance of probabilities) is not of primary relevance to the determination of an asylum appeal, despite the decisions of the Court of Appeal in AS (Afghanistan) v SSHD [2013] EWCA Civ 1469 and SSHD v MS (Pakistan) [2018] EWCA Civ 594. 2. The correct approach to determining whether a person claiming to be a victim of trafficking is entitled to asylum is to consider all the evidence in the round as at the date of hearing, applying the lower standard of proof. 3. Since 20 October 2014, there is also no right of appeal on the basis that a decision is not in accordance with the law and the grounds of appeal are limited to those set out in the amended s 82 of the 2002 Act. 29 October 2018 \| Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) \| Document type: Case Law \| Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Social group persecution - Standard of proof - Trafficking in persons \| Countries: Albania - United Kingdom of Great Britain and Northern Ireland
AS (Guinea) Appellant - and – Secretary of State for the Home Department Respondent - and – United Nations High Commissioner for Refugees Intervener The appeal raises two points of principle: first, the standard of proof applicable to the determination of whether a person qualifies for the status of a stateless person as defined in the 1954 Convention relating to the Status of Stateless Persons ("the 1954 Convention”); and secondly, the relevance of a finding that a person is stateless to an assessment carried out pursuant to paragraph 390A of the Immigration Rules. 12 October 2018 \| Judicial Body: United Kingdom: Court of Appeal (England and Wales) \| Document type: Case Law \| Topic(s): Proof of nationality - Standard of proof - Statelessness \| Countries: Guinea - United Kingdom of Great Britain and Northern Ireland
Russian website names third person allegedly involved in Skripal poisoning 10 October 2018 \| Publisher: Radio Free Europe/Radio Liberty \| Document type: Country News

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