Immigration Bulletin - Issue 212 - 10 January 2011

Monday 10 January 2011

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HM and others (PBS- legitimate expectation - paragraph 245ZX(I)) Malawi [2010] UKUT 446 (IAC)
The Upper Tribunal found that firstly, for the purpose of relevant Points Based System (PBS) applications, funds are "available" to a claimant at the material time if they are under his control in an overseas bank account. Secondly, the Secretary of State's policy guidance can give rise to a legitimate expectation that she will adhere to that guidance when considering an application under the PBS. To read further, click here.

MAH (dual nationality - permanent residence) Canada [2010] UKUT 445 (IAC)
It was held that a British citizen born in Northern Ireland prior to 2001 was also an Irish national from birth and therefore when he terminated his activity as a worker as a result of permanent incapacity, he acquired a permanent right of residence under Regulation 15(1)(c) of the Immigration (European Economic Area) Regulations 2006. To read further, click here.

SAB and others (students-serious breach of conditions - Article 8) Ghana [2010] UKUT 441 (IAC)
The Upper Tribunal upheld a decision dismissing an appeal of a doctorate student who had consistently worked in excess of the maximum hours allowed. The Upper Tribunal found that CDS (PBS: "available": Article 8) Brazil [2010] UKUT 00305 (IAC) did not assist the appellant due to the serious breach of the immigration rules. To read further, click here.

MJB (Inability to provide protection, JAM) Trinidad & Tobago CG [2010] UKUT 448 (IAC)
The Upper Tribunal found that there was not sufficiency of protection for persons facing a real risk of being persecuted by Jaamat al Muslimeen. To read further, click here.

Court of Appeal in QJ (Algeria) v Secretary of State for the Home Department [2010] EWCA Civ 1478
The appellant raised the possibility of double jeopardy in an appeal against a deportation order made under S.32 of the 2007 Act; Sullivan LJ found that it would only be relevant if it were likely to breach a right protected under the ECHR. To read further, click here.

Quila & Ors v Secretary of State for the Home Department & Ors [2010] EWCA Civ 1482
Sedley LJ found that the amendment to para 277 HC 395 requiring both the sponsor and applicant to be over the age of 21, for the purpose of applications under the marriage and civil partner sections of the immigration rules, was in the circumstances of the appellants, an unlawful interference into their right to family life. To read further, click here.

Legislative Changes

HC 698 was laid before Parliament on the 21st December 2010 with the stated purpose of closing the Tier 1 (General) category of the PBS to overseas applicants so that only applications which have a reasonable prospect of being granted under the interim limit on this route are accepted for consideration; and to specify in the Immigration Rules the level of the Government's interim limit for Tier 2 (General) of the Points Based System between 21 December 2010 and 5 April 2011.


Full Four Day Introduction to Immigration Law
Monday 17 January to Thursday 20 January 2011

HJT Training offers its multi-day course to take delegates from an introductory level of immigration law to the knowledge standards for accreditation with the LSC or the OISC, level 2/level 3 respectively.

For full details and to book your place, click here.


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