Immigration Law Bulletin - Issue 189 - 19 July 2010

Monday 19 July 2010

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News

The conditions at Brook House, the privately run immigration deportation centre at Gatwick airport, are fundamentally unsafe, according to a damning report by the chief inspector of prisons published last week. Click here to read more.
In response to the report, the UKBA stated that it broadly accepted the conclusions and were moving swiftly to implement the vast majority of the improvements suggested. Click here to read more.

Cases

IT (Sierra Leone) v Secretary of State for the Home Department [2010] EWCA Civ 787
The Court of Appeal held that an Immigration judge did not have the power to direct the Secretary of State to grant indefinite leave to remain. The AIT's power to give directions under s.87 of the NIAA 2002 could only be exercised for the purpose of giving effect to its decision. A direction to grant ILR was not giving effect to the decision.
Click here for the full judgment.

AR (Pakistan) v Secretary of State for the Home Department [2010] EWCA Civ 816
Moore-Bick LJ found that it was erroneous to argue that the interests of any children likely to be affected by a deportation order were paramount when considering the proportionality of the decision. All the competing interests must be equally considered.
Click here for the full judgment.

English UK Ltd, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1726
Foskett J. found that an increase made by the Secretary of State in the minimum educational requirements for foreign students seeking to study English in the United Kingdom had been unlawful, as it had been introduced in amendments to the policy guidance instead of being laid before Parliament.
Click here for the full judgment.

KA and Others (domestic violence risk on return) Pakistan CG [2010] UKUT 216 (IAC)
The Upper Tribunal set out new country guidance for Pakistan on the right to fair trial, prison conditions, risk faced by women due to domestic violence and honour killings, and custody disputes.
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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