Immigration Bulletin - Issue 210 - 15 December 2010

Wednesday 15 December 2010

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News

The Government sets out proposals for major reform of the student visa system. For full details, click here.

The UKBA announce that from 10 January 2011, English language students wishing to attend exclusively English language courses will be able to apply for a student visitor visa allowing them to stay for up to 11 months. The extended student visitor visa will only be available to applicants outside the UK. For full details, click here.

Cases

DD v Secretary of State for the Home Department [2010] EWCA Civ 1407
The Court of Appeal found that the Tribunal had erred in law by allowing an appeal on refugee and human rights grounds of an individual involved as a fighter in military operations against the Afghan government and UN mandated forces. The Secretary of State argued that the exclusion clauses applied because of the individual's conduct in Afghanistan.

The Court of Appeal remitted an appeal for reconsideration because they found the Tribunal made material errors of law in respect of his activities and conduct and in particular failed to consider whether such conduct merited exclusion from refugee protection [Article 1F(c)]. The Court of Appeal found that the Tribunal failed to follow the approach as set out by Court of Appeal in case of JS Sri Lanka. Although the Court noted the Tribunal proceeded on the basis that there was an absence of findings of terrorist activity the Court found that the Tribunal fell into error when considering whether such conduct were contrary to the purposes and principles of the United Nations [Article 1F(c)]
For the full judgment, click here.

 

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