Immigration Law Bulletin - Issue 195 - 1 September 2010

Wednesday 1 September 2010

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News

26th August 2010: Government Immigration Minister Damian Green has indicated that the government is considering a number of exclusions to guarantee top Indian firms that Indian employees will be able to work freely in UK. To achieve this the government is unlikely to restrict intra-company transfers for top Indian professionals. The government wants new annual quotas which would be flexible to allow Indian professionals to move to Britain. Click here to read more.

23rd August 2010: James Dean reports that Immigration caps will strangle city firms and adversely affect their work. Click here to read more.

Cases

RR (challenging evidence) Sri Lanka [2010] UKUT 000274 (IAC) 25/8/2010
The UT emphasised the need for an evidence based approach in asylum appeals. In particular, the UT focused on the need for the respondent to produce supporting evidence if the appellant's evidence was challenged by the respondent. The UT also pointed out that if the respondent had no basis for challenge to the appellant's evidence and that if such a challenge would appear abusive or foolish then it would probably be fairer to abandon the point.
Click here for the full judgement.

Ngouh, R (on the application) v SSHD [2010] EWHC 2218 (Admin) (27.8.2010)
A good public law challenge to the lack of fairness and consideration in an decision to refuse Indefinite Leave to remain to a national of Cameroon who worked for UK army for over four years including a stint of dangerous operational duty in Iraq.
Click here for the full judgement.

R (on the application of A & S Training College Ltd) v SSHD [2010] QBD (Admin) Judge Birtles 27/8/2010 (unreported)
A useful unreported case about the SSHD who breached an order of the Court. An order requiring the Secretary of State to reinstate immediately a college's allocation of confirmation of acceptance of studies had intended re-instatement on the day of the order. The Judge understood the implications of the order not being complied with on the day because the immigration rules changed the next day, which would mean different rules applied. The SSHD had breached a crystal clear order; any argument that there was lack of knowledge about the order until the next day was irrelevant. The order would continue and would not be amended or varied.

Training

Judicial Review Conference
14 October 2010, Birmingham
Book now at the early bird rate of just £100 +VAT!

A leading team from Garden Court Chambers will give an up-to-date overview of all aspects of judicial review including how it can be used in immigration proceedings, together with practical advice on how to apply the law successfully.
Click here to book your place.

 

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