Immigration Law Bulletin - Issue 190 - 26 July 2010

Monday 26 July 2010

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Justice secretary Ken Clarke submitted proposals to the Treasury last week, outlining how the Department of Justice will reduce its overall budget by 25-40%. It is thought likely that limiting the availability of legal aid for immigration appeals and judicial reviews in human rights cases is central to the department's proposals.
Click here to read more.

The UK Border Agency has issued new policy guidance following the judgment in the case of Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719. It outlines how persons previously refused leave under the points based system, who were likely to have succeeded if Pankina had been in force can apply to have their application reconsidered.
Click here to read the policy document.

The UKBA has also published guidance and an application form last week for refugees applying for indefinite leave to remain in the UK. Refugees who were granted refugee status or humanitarian protection after 30 August 2005, will need to submit an application form in the month before their limited leave expires.
Click here to read more.

The Deputy Prime Minister announced last week that the family wing of Yarl's Wood immigration centre is to be closed as part of government plans to end the detention of children awaiting deportation.
Click here to read more.


Two Administrative Court decisions this week:

Chichvarkin & Anor, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1858 (QB)
Parker J. upheld the Secretary the State's decision to withdrawing her decision refusing to vary leave to remain, which had been appealed to the Asylum and Immigration Tribunal, in order to reconsider the matter in light of new issues raised in the grounds of appeal.
Click here for the full judgment.

Jawad v Secretary of State for the Home Department [2010] EWHC 1800 (Admin)
It was held that although Directive 2004/83, when read together with Directive 2005/85, could require an asylum claim to be determined within a reasonable time in order to comply with European Union law, Directive 2004/83 by itself did not establish that requirement. An asylum seeker who had made his claim before Directive 2005/85 had come into force could not therefore claim damages under EU law for the delay in determining his case.
Click here for the full judgment.

Legislative and Immigration Rule Changes

HC 96 came into force on 19 July 2010, allowing the Secretary of State to limit the number of certificates of sponsorship it issues and to limit the number of certificates she can issue to an individual sponsor.
For further details, click here.

On the same day HC 382 also came into effect, following the judicial review in English UK Ltd, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 1726 (Admin), amending the rules setting out the minimum levels of study permitted for different course types under Tier 4.
For further 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 including immigration, together with practical advice on how to apply the law successfully.
For full details, click here.


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