Immigration Law Bulletin - Issue 202 - 14 October 2010

Monday 18 October 2010

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Damian Green, the Minister for Immigration, announced on 14 October that UKBA will be resuming enforced returns of failed asylum seekers to Zimbabwe.
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UKBA guidance on how refugees and beneficiaries of humanitarian protection with five years limited leave to enter / remain should apply for settlement.
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The PCS Union alleges that changes to the shift patterns of border staff will increase costs and could put national security at risk. They have called a 48-hour strike over 13-14 October. For the views of both sides in the dispute see the PCS website and the UKBA website.

More criticism of the Coalition government's economic immigration cap, this time from Britain's universities.
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Draft Statutory Instruments

The Asylum (First List of Safe Countries) (Amendment) Order 2010
This draft SI proposes to add Switzerland to the first list of safe (third) countries in Part 2 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004

The Immigration and Nationality (Fees) (No.2) Regulations 2010
The Regulations propose inter alia to introduce separate fees for dependants to reflect the costs of processing those applications submitted at the same time as the main applicant.

The Immigration (Biometric Registration) (Amendment) Regulations 2010
The Regulations propose to continue the incremental rollout of biometric immigration documents so that persons applying for further leave to stay in the UK for more than six months under the Immigration Rules in Tiers 1 and 5 of the Points Based System and their dependants will have to apply for a biometric immigration document.


R (SO) v London Borough of Barking and Dagenham[2010] EWCA Civ 1101
The CA held that a local authority does have a power to accommodate a "former relevant child" asylum seeker under the Children Act 1989 s.23C(4)(c) and that, since the powers under s 95 (and s 4) of the Immigration and Asylum Act 1999 were residual, and could not be exercised if the asylum seeker (or failed asylum seeker) was entitled to accommodation under some other provision, a local authority was not entitled, when considering whether a former relevant child's welfare required that he be accommodated by it, to take into account the possibility of support from NASS.
Click here for the full judgement.

R (MH) v Secretary of State for the Home Department [2010] EWCA Civ 1112
The CA dismissed the appeal from Sales J's judgment ([2009] EWHC 2506 QBD (Admin) - see Immigration Legal Bulletin # 159) in relation to the reasonableness of a period of 38 months immigration detention based in significant part on the claimant's lack of co-operation with the removal process.
Click here for the full judgement.


Running PBS Appeals
Wednesday 20 October, Central London

HJT Training present a course in which Colin Yeo gives advice on the practical running of Points Based System appeals.
Click here for more information.

Upper Tribunal
Thursday 21 October

Mark Symes is scheduled to be presenting a course on the Upper Tribunal.
Click here for more information.

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