Immigration Bulletin - Issue 216 - 7 February 2011

Monday 7 February 2011

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News

The Refugee Council have expressed their concern at proposed cuts of over 60% for services supporting refugees and asylum seekers from April 2011. For further details, click here.

Cases

ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4
In the Supreme Court it was found that in reaching decisions that will affect a child; a primacy of importance must be accorded to their interests. For the full judgment, click here.

French v Entry Clearance Officer Kingston [2011] EWCA Civ 35
The Court of Appeal upheld the objective test for maintenance set out in KA and Others (Adequacy of maintenance) Pakistan [2006] UKAIT 00065. For the full judgment, click here.

FZ, R (on the application of) v London Borough of Croydon [2011] EWCA Civ 59
The Court of Appeal also set out helpful guidance for age dispute cases. For the full judgment, click here.
For analysis from the barristers who appeared in the case, click here.

JO and others (foreign marriage-recognition) Nigeria [2010] UKUT 478 (IAC)
The Upper Tribunal held that an Immigration Judge should not go behind evidence of a certificate of naturalisation as an Italian citizen on the basis of concerns about the bona fides of the marriage that resulted in the naturalisation. It would be contrary to public policy for the Immigration Judge to dispute Italian nationality or the legal validity of the marriage resulting from it. For the full judgment, click here.

MM and SA (Pankina:near miss) Pakistan [2010] UKUT 481 (IAC)
The Upper Tribunal found that decision makers should not allow alleged near-misses under the Immigration Rules, which, on a proper analysis, are an attempt to import extraneous qualifications into the applicable rule. For the full judgment, click here.

UR and others (policy;executive discretion;remittal) Nepal [2010] UKUT 480 (IAC)
The Upper Tribunal held that in considering the relevance of a policy, some thought should be given to the intention that appears to lie behind the policy. Policies may have been more loosely drafted than an immigration rule, and the discretion which it imports ought to be exercised by the respondent at first instance. For the full judgment, click here.

Training

OISC Level 1 Revision Day
Tue February 15 2010, 14:00-17:00

HJT Training offer their revision and examination technique course specifically aimed at those following the OISC accreditation scheme examination at Level 1 on. For full details, click here.

 

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