Immigration Bulletin - Issue 223 - 11 April 2011

Monday 11 April 2011

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News

The coalition government's new annual limit on non-EU worker migrants came into force on 6 April. To read further, click here.

New 'immigration fees' came into force on 6 April. To read further, click here.

To see The Immigration and Nationality (Fees) Regulations 2011, click here.

The European Parliament has backed and amended the new proposed Asylum Procedures Directive. To read further, click here.

The French are unhappy about the Italian decision to grant temporary residence permits to thousands of Tunisian migrants. To read further, click here and here.

Cases

Rahimi v Greece (5 April 2011)
The ECtHR held Greece liable for breaches of Arts 3, 13 & 5, relating to the conditions in which an unaccompanied Afghan minor, who had entered Greece illegally, was held in the Pagani detention centre on the island of Lesbos and subsequently released with a view to his expulsion. Judgment in French only. To read press release, click here.

MP (Sri Lanka) v SSHD [2011] EWCA Civ 362 (6 April 2011)
By a majority the CA allowed and remitted the appeal of a Tamil former LTTE claimant on the ground that the IJ omitted to provide any indication that he had factored into his consideration of the disposition of the appeal the important guidance in TK (Tamils - LP updated) Sri Lanka CG [2009] UKAIT 00049 especially that at para 134. Per Lloyd LJ: "Either he did not have regard to the point, which is an error of law in itself, or he failed to explain what he thought about it and why it was not a strong point in the appellant's favour, which is also an error of law, though of a different kind, because the appellant cannot tell why he has lost his case". To read further, click here.

R (Hubert Hall) v SSHD [2011] EWHC 600 (Admin) (18 March 2011)
Keith J held that the Jamaican claimant's detention, pursuant to 1971 Act, Sch 3, para 2(3), between 3 February and 23 April 2010 was not arguably unlawful because although he may then have not been fit to travel by air he was fit to travel by sea and this method of removal was being addressed. To read further, click here.

R (Mehmet) v SSHD [2011] EWHC 741 (Admin) (29 March 2011)
Irwin J held that a refusal to revoke an automatic deportation order, made in accordance with the UK Borders Act 2007, s. 32, is an immigration decision within 2002 Act, s. 82(2)(k), giving rise to an in-country appeal, if the condition in s. 92(4) of the 2002 Act is fulfilled - which in the present case it was as the claimant had raised Art 8 issues in his application to revoke the deportation order. To read further, click here.

R (New London College Ltd) v SSHD [2011] EWHC 856 (Admin) (7 April 2011)
Wyn Williams J, in inter alia rejecting the claimant's arguments based on Pankina, held that although the UKBA's original decision as communicated by letter of 18 December 2009 to suspend the claimant's Tier 4 sponsor licence was unlawful and a breach of the claimant's human rights under Article 1 of the First Protocol, as from 25 March 2010 the suspension of the licence was lawful; there was no breach of Article 1 from that date. The claimant's challenge to the decisions, of 5 July 2010 as maintained on 19 August 2010, to withdraw its licence failed: the decisions were lawful at all times; they did not constitute unjustified interferences with the claimant's human rights. To read further, click here.

Changes to the Immigration Rules

HC 908 was laid before Parliament on the 31st March 2011. The statement of changes makes changes to Tier 4 of the Points Based System and makes a number of minor corrections and technical changes to the Rules. To read further, click here.

Training

Wednesday 13 April 2011, London, 4pm - 7.15pm, ILPA
Refugee and international protection update

 

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