Immigration Bulletin - Issue 207 - 22 November 2010

Monday 22 November 2010

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News

Following Parliamentary approval, on Monday 22 November new application fees for migrants applying to come to or extend their stay in the UK for work, study or other reasons, enter effect, as previously announced. To read further, click here.

Cases

RT (Zimbabwe) & Ors v Secretary of State for the Home Department [2010] EWCA Civ 1285 (18 November 2010)
Carnwath LJ for the Court of Appeal considered the relevance of whether an asylum seeker would need to actively profess a loyalty to a regime which he does not possess or otherwise lie to the authorities of the home country or other potential persecutors in order to avoid a persecution. The concern was with the "imputed" political opinions of those concerned, not their actual opinions. Whether the degree of their political commitment in fact, and whether political activity is of central or marginal importance to their lives, are beside the point. The "core" of the protected right is the right not to be persecuted for holding political views which they do not have and there is nothing "marginal" about the risk of being stopped by militia and persecuted because of that. For the full judgement, click here.

Fu (R on the application of) v Secretary Of State For Home Department [2010] EWHC 2922 (Admin)
Mitting J in the Administrative Court found that Parliament has approved the manner in which the Secretary of State should exercise her ultimate discretion to grant or refuse leave to enter and remain in the United Kingdom by approving the Immigration Rules which provide for a tick box scheme even regarding issues as important as validity of applications. It is only to be expected that the rules will be applied in the ordinary case automatically without the exercise of careful discretion based on individual facts: it was for a migrant to draw relevant considerations to the attention of the decision maker. For the full judgement, click here.

MH (R on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 1112 (14 October 2010)
Richards LJ in the Court of Appeal in considered unlawful detention: there was no legal requirement that in order to maintain detention the Secretary of State must be able to identify a finite time by which, or period within which, removal can reasonably be expected to be effected. For the full judgement, click here.

PE (Peru) v Secretary of State for the Home Department [2010] EWCA Civ 1245
Sedley LJ in the Court of Appeal granted permission to appeal in on whether proportionality is in effect an issue of law once the facts have been ascertained, and, even if not, whether it may be that the correct test still falls short of a perversity test and is a "plainly wrong" test.

Training

Points Based System Update
24 November
HJT Training runs a course giving a Points Based System update on the latest developments in the policy guidance, the cap on migrants and case law on PBS issues, concentrating on Tiers 1, 2 and 4.
For full details, click here.

Human Rights Update
25 November
An updater course on human rights from HJT Training.
For full details, click here.

The Human Rights Act 10 years on and Immigrant Welfare
25 November
A Joint Council for the Welfare of Immigrants seminar, hosted at Garden Court Chambers.
For full details, click here.

Tier 1 (General) Everything an experienced practitioner should know
3 December
Rory O'Ryan of Garden Court North Chambers gives a course for ILPA on Tier 1 (General) covering everything an experienced practitioner should know.
For full details, click here.

Judicial Review Conference 2010
9 December
HJT holds its annual judicial review conference in London chaired by Richard Drabble QC with speakers including Stephen Knafler QC, Mark Symes, and David Jones of Garden Court.
For full details, click here.

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