Immigration Law Bullertin - Issue 234 - 4 July 2011

Monday 4 July 2011

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News

The UK Border Agency published a statement last week attempting to clarify its position following its review of sponsorship obligations under Tier 4 of the PBS. Click here to read the full review.

A letter signed by over 100 artists, musicians and writers sent to the Daily Telegraph last week, criticised the difficulties caused by the PBS, facing artists wanting to come to the UK. Click here to read more.

The UKBA published this response on its website. Click here to read the response.

Cases

YT v Secretary of State for the Home Department [2011] EWCA Civ 736
The Court of Appeal held that it did not need to determine whether Para 325A and Para 281 HC 395 discriminated against the post flight husband of an Ethiopian refugee with limited leave, as it upheld the UT's finding that Para 325A did not apply, and that the couple could not meet the accommodation and maintenance requirement of para. 281 HC 395. Furthermore, there would be no interference with their right to family life, as they could live in Italy where they were married and the appellant had accommodation and work. Click here for full judgement.

SW (lesbians - HJ and HT applied) Jamaica CG [2011] UKUT 251 (IAC)
Provided new country guidance in finding that Jamaica is a deeply homophobic society. There is a high level of violence and where a real risk of persecution or serious harm is established, the Jamaicans state offers lesbians no sufficiency of protection. Click here for full judgement.

Sufi and Elmi v. The UK - 8319/07 [2011] ECHR 1045
The ECtHR found that in Sufi and Elmi v. The UK the situation of general violence in Mogadishu was sufficiently intense that any returnee would be at real risk of Article 3 ill-treatment solely on account of his presence there, unless connected to parties able to provide sufficient protection. Internal flight options maybe available in certain parts of Southern and Central Somalia, where the applicant already had close family connections. Click here for full judgement.

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