Immigration Law Bulletin - Issue 188 - 12 July 2010

Monday 12 July 2010

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News

The UKBA has taken the unusual step of announcing on its website that it is seeking permission to appeal the Court of Appeal's decision in The Secretary of State for the Home Department v Pankina (Anastasia) & Ors [2010] EWCA Civ 719 (see Immigration Law Bulletin 187) and a stay on the effect of the judgement, pending the outcome of their appeal.
Click here to read more.

Only 252 providers of immigration legal advice, out of over 400 applicants, were successful in their bids for contracts from the Legal Service Commission.
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Cases

HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31
The Supreme Court, in agreement with the appellants' submissions, rejected the 'reasonable tolerability' test as incompatible with the purposes of the Refugee Convention - which is to provide surrogate international protection from persecution for those persons who are at real risk of being persecuted in their own countries for reasons of inter alia membership of a particular social group - and as unworkable in practice. In this case the asylum seeker was gay, but the same principles will apply to asylum seekers who would otherwise have to conceal "protected characteristics" under the Refugee Convention in their country of origin.
For a detailed summary of the case, and its implications, click here.
Click here for the full judgment.

AA (Nigeria) v Secretary of State for the Home Department [2010] EWCA Civ 773
The Court of Appeal held that when seeking to define the meaning of "false" in "false representation" and "false document" for the purpose of para.320(7A) HC 395 and para.322(1A) HC 395, the correct interpretation meant "dishonest" rather than merely "inaccurate".
Click here for the full judgment.

MD (Women) Ivory Coast CG [2010] UKUT 215 (IAC)
The Upper Tribunal has set down new country guidance for Ivory Coast. It was concluded that in the Ivory Coast, women as such do form a particular social group for the purposes of the Refugee Convention and there is a wide variety of attitudes towards women across the country impacting on the risk due to FGM, forced marriage, domestic violence, the effects of adultery and discrimination. If in a particular area, a woman faces one or more of those risks, the state is unlikely to offer a sufficiency of protection. In such a case internal relocation may be possible without undue hardship.
Click here for the full judgment.

QI (para 245ZX(I) considered) Pakistan [2010] UKUT 217 (IAC)
The Upper Tribunal found that "current ... leave to remain" in para 245ZX(I) HC 395 must refer to an appellant's substantive period of limited leave. Were it to denote extended leave under s.3C of the Immigration Act 1971 ("s.3C leave"), the expression would be meaningless.
Click here for the full judgment.

Legislative and Immigration Rule Changes

On 19 July 2010, HC 59 will come into effect placing an annual statutory limit on the numbers of applicants under Tier 1 and increasing the points necessary for a successful application.
For further details, click here.

Training

20 July 2010
HJT Training presents their revision course covering all material subject areas for the re-accreditation exams: Immigration, European Union EEA, Humanitarian Human Rights and Asylum, in the context of worked examples.
For full details, click here.

Judicial Review Conference
14 October 2010, Birmingham

A leading team from Garden Court Chambers will give an up-to-date overview of all aspects of judicial review together with practical advice on how to apply the law successfully.
For full details, click here.

 

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