Immigration Law Bulletin - Issue 197 - 13 September 2010

Monday 13 September 2010

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The UK Border Agency has announced proposals to increase immigration and nationality application fees for all those applying to visit, study, work or stay in the UK from autumn 2010. Click here to read more.

New versions of Points Based System application forms were published, and a new version of the Tier 1 (General) policy guidance. Click here to read more.


Adam, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2261 (Admin)
An attempt to forestall further removals to Italy as a safe third country relying on new country evidence, the Strasbourg Court case heard 1 September 2010 (see Issue 196) and the NS (ie Saaedi in its new incarnation) reference to the CJEU failed before Cranston J in the Administrative Court. He found that EW is determinative as to the factual situation in Italy and unless the evidential position in Italy has undergone a material change will continue to rule out human rights challenges to Dublin II removals and those based on the right to human dignity, at least in cases of relatively young men who have demonstrated enterprise in crossing continents. For the full judgment, click here.

Eba (AP) v The Advocate General for Scotland [2010] ScotCS CSIH_78 (10 September 2010)
The Inner House of the Scottish Court of Session found that the Upper Tribunal does not have the character of a manifestation of the Court of Session itself and accordingly the government contention that it had no jurisdiction in any circumstances to judicially review a decision of the Upper Tribunal was rejected; nor was there any warrant for restricting such review to exceptional circumstances. For the full judgment, click here.

TR v Asylum and Immigration Tribunal [2010] EWHC 2055 (Admin)

HH Judge Anthony Thornton QC in the Administrative Court overturned a decision of an Immigration Judge refusing to extend time to lodge notice of appeal at first instance. He reiterated that it is essential that practitioners are aware of, and closely follow, the BO (Nigeria) guidelines when preparing an extension of time application which emphasise that any failure or shortcoming of a legal practitioner or migrant that has contributed to delay in appealing must be considered. If the decision is to refuse to extend time, the reasons need not be lengthy but they should be sufficient to show that the decision has been arrived at in a structured manner, has taken account of all relevant factors, has not taken into account any irrelevant factors, is in accordance with the law and, overall, allows the claimant to know why his or her application to extend time has failed. For the full judgment click here.

OM (Nigeria) v Secretary of State for the Home Department [2010] EWHC 2147 (Admin)
Judge McMullen QC Sitting as a High Court Judge in the Administrative Court found, in an unlawful detention challenge, that the Secretary of State was under a duty to consider his own policy in the Enforcement Instructions and Guidance that those suffering from serious medical conditions or the mentally ill will only be detained in very exceptional circumstances: it was also noted that it will be more likely that a person with no sources of income or support will resort to criminal activity to support herself. For the full judgment click here.

Da'Costa, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2259 (Admin)
His Honour Judge Pelling QC sitting as Judge of the High Court joined the ranks of judges finding that the Home Office is entitled to choose whether or not to set removal directions at the same time as refusing leave to remain, at any rate in relation to someone who was an unlawful overstayer at the time when the application for leave to remain was made, unless there is something exceptional in the circumstances to suggest a contrary outcome. For the full judgment click here.


On 17-18 September 2010 HJT Training will be running a comprehensive re-accreditation course for level 2 practitioners. The course fee includes a copy of the freshly updated HJT immigration manual. Click here for more information.

Wednesday 22 September (central London, 4pm - 7.15pm) sees the ILPA regular refugee and international protection update run by the authors of the newly published 2nd edition of Asylum Law and Practice, Peter Jorro and Mark Symes, Garden Court Chambers. Click here for more information.

Garden Court Chambers Judicial Review Conference: 14 October 2010, Birmingham
An up-to-date overview by Garden Court barristers of all aspects of judicial review together with practical advice on how to apply the law successfully.
Click here to book your place.


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