Immigration Bulletin - Issue 208 - 29 November 2010

Monday 29 November 2010

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News

The UKBA announced last week its proposed limits on non-EU economic migration. They are to set an annual limit of 20,700 for applications under Tier 2 and a further 1000 under the exceptional talent route. They are also proposing raising to £40,000 the minimum salary for those coming under the Tier 2 (Intra company transfer) route for more than 12 months; restricting Tier 1 to all but entrepreneurs, investors and the exceptionally talented; and requiring occupations in Tier 2 (General) to be at graduate level. To read more, click here.

They have also released their monthly figures for children entering detention held solely under Immigration Act powers; their quarterly statistical summary of migration in to the UK; and their monthly asylum statistics for September 2010. To read more, click here.

Cases

MA (Somalia) v Secretary of State for the Home Department [2010] UKSC 49
The Supreme Court found that the Court of Appeal had been wrong to interfere with a decision of the Upper Tribunal, that the appellant's lack of credibility meant that they were not able to concluded that he could not gain assistance if he were returned to Mogadishu. Of concern were the obiter comments of Sir John Dyson concerning the correct standard of proof when assessing truthfulness of past and existing facts in appeals when protection has been raised. For the full judgement, click here.

HK & Ors (minors, indiscriminate violence, forced recruitment by Taliban, contact with family members) Afghanistan CG [2010] UKUT 378.
The Upper Tribunal found that children are not disproportionately affected by the conflict in Afghanistan. Forcible recruitment by the Taliban cannot be discounted as a risk but evidence is required to show that it is a real risk for the particular child concerned and not a mere possibility. Where a child has close relatives in Afghanistan who have assisted him in leaving the country, any assertion that such family members are uncontactable or are unable to meet the child in Kabul and care for him on return, should be supported by credible evidence of efforts to contact those family members and their inability to meet and care for the child in the event of return. For the full judgement, click here.

Legislative changes

The second raft of changes brought in by CM7944 will come into effect on 29th November 2010. These changes introduce an English language requirement for migrants applying for leave to enter or remain as the spouse, partner or fiancé of a person settled in the United Kingdom. To read further, click here.

Courses and Events

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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