Immigration Law Bulletin - Issue 229 - 31 May 2011

Tuesday 31 May 2011

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S.19 of the UK Borders Act 007 came into force on the 23rd May 2011. For further details, click here.

The European Commission last week published its annual report on immigration and asylum. For further details, click here.

Bail for Immigration Detainees and The Children's Society have published a new report on detention of children entitled - 'Last resort or first resort? Immigration detention of children in the UK'. For further details, click here.


FA (Iraq) v Secretary of State for the Home Department [2011] UKSC 22
A reference was made to the European Court of Justice concerning whether the principle of equivalence meant that there should be a right of appeal against the Secretary of State's refusal of an application for humanitarian protection. For the judgment, click here.

SK (Zimbabwe) v Secretary of State for the Home Department [2011] UKSC 23
A failure to carry out regular reviews, in accordance with the Secretary of State's own policy, rendered a Zimbabwean national's detention unlawful. For the judgment, click here.

OOO & Ors v The Commissioner of Police for the Metropolis [2011] EWHC 1246 (QB)
The police's obligations to investigate possible breaches of rights protected under Arts 3 and 4 ECHR were not confined to circumstances where an actual complaint had been made by the victim, if in the circumstances there was credible evidence that a breach may have occurred. For the judgment, click here.

Ozhogina and Tarasova (deception within para 320(7B) - nannies) Russia/Russian Federation [2011] UKUT 197 (IAC)
Where a nanny lived in an employer's home during a period where the employer had come to live in the United Kingdom, she was not living under the same roof as an employer but was in a household the employer uses for himself on a regular basis. Where the respondent relies on paragraph 320(7B) to refuse an application for entry clearance because of a breach of the UK's immigration laws by using 'Deception in an application for entry clearance' it is necessary to show that a false statement was deliberately made for the purpose of securing an advantage in immigration terms. For the judgment, click here.

AD (reporting criteria - unreported cases) Somalia [2011] UKUT 189 (IAC)
The criteria for reporting cases is such that it is unlikely that an unreported decision will contain sufficient material within it to offer significant assistance as guidance in other cases. For the judgment, click here.

Commission v Belgium (Freedom of establishment) [2011] EUECJ C-47/08
An imposition of a nationality condition for becoming a notary, contradicted Article 43 EC. For the judgment, click here.


Navigating the Points-Based System - A comprehensive training on the points-based immigration system
JCWI Training Seminar
London, 12 July 2011, 10 am to 4 pm
5 CPD hours




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