Immigration Law Bulletin - Issue 228 - 23 May 2011

Monday 23 May 2011

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News

UKBA has announced the intention to commence UK Borders Act 2007, s 19 - amending 2002 Act, s 85 and inserting a new s 85A with the basic effect that in PSB appeals the Tribunal is to only consider evidence submitted with the original application - as from Monday 23 May. To read further, click here.

The Prime Minister in the House of Commons on 18 May strongly indicated that the 14 year rule (see HC 395, paras 276A-276D) is under review. To read further, click here.

The MoJ is proposing to introduce fees for appeals to the FTT (but not for onwards appeals to UTIAC) in immigration cases from October 2011 at rates of £80 for paper hearings and £140 for oral hearings, with a limited discretionary power for IJs to award costs to recover appeal fee charges against the UKBA but only where "the decision should clearly have been made in favour of the appellant in the first place on the information presented by the applicant at the time of the initial decision." To read further, click here.

Meanwhile Immigration Minister Damian Green is promising 'radical changes' to the immigration system. To read further, click here.

Legislative Changes

The Immigration (European Economic Area) (Amendment) Regulations 2011, SI 2011/1247, due to come into force on 2 June 2011, amend the Immigration (European Economic Area) Regulations 2006, regs 4, 8 and 12 so as to (a) provide that where a person cannot show a level of resources exceeding that which would render a UK national eligible for welfare benefits, s/he can nevertheless demonstrate sufficient resources to the decision maker's satisfaction based on her/his personal situation and (b) formally implement the effect of the ECJ judgment in Metock (case C-127/08) regarding the rights of accompanying or joining family members not being dependent on prior lawful residence in another Member State. To read further, click here.

Cases

IM v France (application no. 9152/09)
On 17th May the ECtHR heard the Arts 3 & 13 case of a Sudanese Darfuri claimant who had been refused asylum in France under a fast track procedure that he asserts lacked sufficient safeguards. To read press release, click here.

Sternaj v Crown Prosecution Service & anr [2011] EWHC 1094 (Admin) (12 April 2011)
The Admin Court (Laws LJ and Stadlen J), on appeals by way of case stated from the Canterbury Crown Court, held that a person, whether or not himself an asylum seeker, is not entitled to rely on the protection afforded by Article 31 of the Refugee Convention (or have a defence under 1999 Act, s 31) where he is charged under 1971 Act, s. 25 for facilitating the entry into the UK of a third person (here the 2 year old son of one of the defendant) who is a bona fide asylum seeker recognised as such by the SSHD. [Not on BAILII]

KP v Secretary of State for the Home Department SC/72/2009 (SIAC) (4 March 2011)
SIAC rejected the out-of-country appellant's submissions - based on the terms of the Refugee Convention and EU law principle of equivalence and Art 39(1)(e) of the Qualification Directive - that he was entitled to appeal against the cancellation of refugee status in his case (as well as against the 'immigration decision' to revoke his indefinite leave: see 2002 Act, s 82(2)(f)). To read the judgment, click here.

Training

Tuesday 24 May 2011, London, 4-7pm and Friday 24 June, Birmingham, 2-5pm
HJT, European Law & Zambrano Update
To find out more, click here.

Wednesday 25 May 2011, London, 4-7.15pm
ILPA, Deportation and exclusion of European Union nationals and family members
To find out more, click here.

 

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