Immigration Law Bulletin - Issue 182 - 17 May 2010

Monday 17 May 2010

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Following the change of government, the UK Border Agency website has removed all information about its strategies and aims under the previous government along with all news stories published before April 2010. See the UKBA website.

The new Home Secretary, Teresa May, has announced ID cards for foreign nationals will be scrapped and a UK immigration cap will be introduced. Read more...

Damian Green is the new immigration minister.


ZN (Afghanistan) v ECO, Karachi [2010] UKSC 21

The Supreme Court (reversing the CA) held that under the proper construction of immigration rules HC 395, paras 352A and 352D the spouse (or civil partner) and children respectively of a person granted asylum as a refugee in the UK can obtain entry clearance to join him or her on a family reunion basis even if by the time of the applications for, or decisions on, the entry clearance applications the sponsor has become a British citizen. The fact that British citizenship had been granted to the sponsor did not change the fact that he or she was a person granted asylum or a person who had been granted asylum as per the terms of the rules. Read the full judgment...

R (Leeds Unique Education Ltd t/a Leeds Professional College) v SSHD; R (AA Hamilton College Ltd t/a Hamilton College London) v SSHD [2010] EWHC 1030 (Admin)

Nicol J granted permission to apply for judicial review and, on the 'balance of convenience', interim relief also, to two colleges whose Tier 4 (students) sponsorship licences had been revoked by the Secretary of State on the bases of concerns that each college had issued visa letters to persons who had either not enrolled or whose attendance at courses had been inadequate. Read the full judgment...

AZ (Trafficked women) Thailand CG [2010] UKUT 118 (IAC)

The Tribunal held that whilst former victims of trafficking in Thailand constitute members of a particular social group, not all will be at risk of serious harm on return; the risk will depend upon a number of factors and must be assessed on a case by case basis. Relevant factors are set out. Although anti-trafficking legislation has been implemented, the involvement of corrupt officials with traffickers and/or criminals has weakened the steps taken by the government to combat trafficking. Read the full judgment...

MS (AS & NV considered) Pakistan [2010] UKUT 117 (IAC)

The Tribunal held that whilst the effect of the judgment in AS (Afghanistan) v SSHD [2009] EWCA Civ 1076 is to make the Tribunal the primary decision maker, in an increased number of cases where a new ground is raised for the first time, it does not have the effect of requiring the Tribunal to consider, as a 2002 Act, s 120 statement, a re-formulation of the original ground on which leave to remain was sought. Read the full judgment...

From 10 to 12 May, the Supreme Court heard the appeals in HJ (Iran) v SSHD; HT (Cameroon) v SSHD, concerning the proper test to be applied to whether gay asylum seekers have a well-founded fear of being persecuted for reason of membership in a particular social group - judgment is reserved.


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