Immigration Law Bulletin - Issue 231 - 14 June 2011

Tuesday 14 June 2011

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News

Government sets out proposals for breaking links between temporary and permanent migration. For further information, click here.

Next set of changes to student visas rules announced which will come into effect 4th July 2011. For further information, click here.

Human rights Watch demand action from the UN Security Council. "The Security Council's complete silence in the face of mass atrocities against the people of Syria is emboldening the Syrian government in its bloody crackdown. A veto by Russia and China to protect the Syrian government and block efforts to stop the killings would be a serious betrayal of Syria's beleaguered citizens." Philippe Bolopion, UN director at Human Rights Watch. For further information, click here.

New Crown Prosecution Service (CPS) policy regarding the prosecution of victims of trafficking (May 2011). For further information, click here.

Cases

RU (Bangladesh) v SSHD RU [2011] EWCA Civ 651.
The Court of Appeal unanimously dismissed an appeal against deportation of a Bangladeshi national who had come to the UK at the age of 14 and had lived in the UK for 30 years. He had obtained indefinite leave to remain in the UK. He committed a serious criminal offence which attracted a 15 year criminal sentence. The SSHD took deportation action. The foreign national appealed against the deportation decision.

The AIT allowed his appeal and found that although deportation was conducive to the public good his deportation would not act as a deterrent to others as A was an individual and there was no reason why any other prospective offender would have knowledge of his deportation. At second stage reconsideration the First Tier Tribunal set aside the AIT's decision.

The Court of Appeal found the AIT erred in law in relation to the point about deterrence which was not about whether the deported individual the "foreign criminal " might or might not have a deterrent effect on other prospective offenders. The CA found that the AIT had missed something more fundamental. The UK immigration system had to take into account broad issues of "social cohesion" and that the public had to have confidence in the system of immigration so that foreign nationals including refugees had to know that one of the consequences of criminality was deportation. Deterrence was a dimension of this. The Court of Appeal found that the AIT did not give appropriate weight to "public interest" when evaluating Article 8(2) ECHR in the context of private life. The appeal was dismissed.

A bad deportation decision in a case where the facts and history of the individual were difficult. For the judgment, click here.

Hussain Zulfigar Alvi v SSHD [2011] EWCA CIV 681
The Court of Appeal allowed an appeal in a case of a Pakistani national who appealed against a UKBA decision to refuse him leave to remain as a Tier 2 (general) economic migrant. He entered UK lawfully as a student and after completing his studies obtained leave to remain as a physiotherapy assistant for four years. After the new points system was introduced no points are awarded unless the occupation the person applies for appears on a skilled occupation list published by UKBA. UKBA refused him further leave to remain because physiotherapy assistant was not included on skilled occupation list. The Court of Appeal found that in line with Pankina that for the purposes of leave to remain as a migrant worker the threshold level for skilled occupation was a matter of substance which had to be set down in the immigration rules in order to be valid. The general guidance issued to case workers did not have the character of legal rules. The SSHD could not rely on the fact that the job of physiotherapy assistant fell below NVQ level 3 ("the list" set out in guidance) in order to treat the sponsorship certificate issued by Kensington clinic as invalid. The appeal was allowed. For the judgment, click here.

Courses/Meetings

UNHCR meeting on asylum decision making in family/children cases. UNHCR STRAND OFFICES 8/7/2011 10.30-1230pm RSVP Sarah Jane Savage email savages@unhcr.org by Friday 17th June 2011

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