Immigration Bulletin - Issue 222 - 4 April 2011

Monday 4 April 2011

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The Immigration Minister Damien Green made a ministerial statement last week, detailing the Government's proposed changes to Tier 4 of the Points Based System. To read further, click here.


Secretary of State for the Home Department v MK (Tunisia) [2011] EWCA Civ 333
The Court of Appeal in found that S.3D(2)(a) of the Immigration Act 1971 suspended the cancellation of indefinite leave to enter the United Kingdom, so that an appellant could have an in-country right of appeal against that cancellation decision. To read further, click here.

Aleem (Pankina-Uplift for overseas earnings) Sri Lanka [2011] UKUT 120 (IAC)
Lloyd Jones J. found that the requirement that an applicant for leave to remain as a Tier 1 (General) Migrant, whose last leave was as a Tier 4 (General) student, must have physically undertaken work in an overseas country for an uplift to apply to his earnings in that country, is not part of the relevant immigration rules and is imposed by the Guidance only. To read further, click here.

Adubiri-Gyimah and others (Post-study work - Listed institution) Ghana [2011] UKUT 123 (IAC)
The Upper Tribunal held that the requirement imposed by the Immigration Rules, Appendix A, Table 9, paragraph 2(a) on an applicant as a Tier 1 (Post-Study Work) migrant relates to the status of the relevant institution at the time of study, not at the time of application or decision. To read further, click here.

CHH (Notices Regulations - right of appeal-leave to remain) Jamaica [2011] UKUT 121 (IAC)
It was found that an appellant under the Nationality, Immigration and Asylum Act 2002 who has only a restricted right of appeal, has, by virtue of the Immigration (Notices) Regulations 2003, a right of appeal that is unrestricted as to time. To read further, click here.

KG (Gurkhas - overage dependants - policy) Nepal [2011] UKUT 117 (IAC)

It was held that neither the concession in Limbu [2008] EWHC 2261 (Admin), nor the judgment of Blake J, can be regarded as giving any specific rights to an over-age dependant family member of a former Gurkha. To read further, click here.

Mushtaq (clarity of judge's decision) Pakistan [2011] UKUT 122 (IAC)
The Upper Tribunal found that it was wrong to allow an appellant's appeal simply on the basis that some findings of fact are made in their favour, if those findings were insufficient to allow the appellant to succeed under the relevant immigration rule. To read further, click here.

SI (variation/curtailment:human rights ground) Pakistan [2011] UKUT 118 (IAC)
It was held that where there is an appeal against a refusal to vary leave, or a decision to curtail leave, or a decision to vary leave such that an individual's leave is effectively curtailed; there is a right of appeal on human rights grounds. To read further, click here.

VB (Student-attendance and progress not equated) Jamaica [2011] UKUT 119 (IAC)
The Upper Tribunal found that satisfactory progress cannot necessarily be assumed just from a good record of attendance. To read further, click here.






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