Immigration Law Bulletin - Issue 204 - 1 November 2010

Monday 1 November 2010

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The UKBA published a study last week that suggests that a third of Tier 1 migrants are employed in 'low skilled' occupations. To read more, click here.

The Prime Minister at the CBI conference last week promised that the cap on non-EU immigration to be introduced next year will be applied 'flexibly', so that the UK is not placed at a competitive disadvantage. To read more, click here.

The Legal Services Commission announced last week that it would not be seeking to appeal the Law Society's successful judicial review of the tender process for civil contracts. To read more, click here.

A survey by the UNHCR of Iraqi refugees returned to Iraq over the last two years found that over 60% regretted returning. The report noted that: "During the course of these interviews, UNHCR staff were informed by returnees of numerous instances of explosions, harassment, military operations and kidnapping occurring in their areas of return".


Two cases from the Admin Court.

The London Reading College Ltd, R (on the application of) v Secretary of State for the Home Department[2010] EWHC 2561 (Admin)
It was held that the revocation of a licence to sponsor international students was unlawful as the College had not seen the material, before the decision to revoke, that gave rise to the decision. For the full judgment, click here.

Alvi, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2666 (Admin)
Lord Carlile sitting as a Deputy High Court Judge found that It was not unlawful for the Secretary of State to enforce a requirement that applicants for leave to remain for work purposes had to have certain skill levels, even if not every job and skill were listed in detail in the Immigration Rules. For the full judgment, click here.

Legislative Changes

Statement of changes to the Immigration Rules CM7944 comes into effect on 22 October 2010 and 29 November 2010. The changes add Employment and Support Allowance (Income Related) to rule 6, under the definition of public funds in the Immigration Rules; adds the definition of a refugee into the list of definitions that appear in rule 6; introduces the automatic cessation of refugee status once a refugee acquires British citizenship and preventing that person bringing in family except through the normal settlement rules; and introduces an English language requirement for migrants applying for leave to enter or remain as the spouse or partner of a person settled in the UK. To read further, click here



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