Immigration Law Bulletin - Issue 240 - 22 August 2011

Monday 22 August 2011

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Cases

PR (Sri Lanka) & Ors v Secretary of State for the Home Department (Rev 2) [2011] EWCA Civ 988
11th August 2011

Lord Neuberger, Sir Anthony May, Carnwath LJ considered the applicability of the second appeals test under the S.13(6) of the Tribunals, Courts and Enforcement Act 2007. The Court of Appeal considered that the following factors should be considered. Firstly, the merits, in particular whether the prospects of success were "very high". Secondly, countervailing matters such as fault by the party seeking permission, although such matters might have "little if any weight" where serious human rights or asylum issues are in play. Thirdly, procedural irregularity; if the Upper Tribunal had failed to provide a fair appeal hearing, then there might be greater reason for the Court of Appeal to intervene. Fourthly, the possible consequences to the individual might supply "some other compelling reason", but the fact that the applicant has already failed to make out the relevant risk to the lower standard, and has failed at the first tier of appeal, before a specialist and expert tribunal, might mean that no scrutiny by the Court of Appeal was called for, whatever the claimed consequences. For the judgement, click here.

SL v Westminster City Council & Anor [2011] EWCA Civ 954
10th August 2011

In a judicial review brought by an asylum seeker who had been granted ILR, the Court of Appeal held that the defendant local authority, when considering it's duties under S.21(1)(a) of the National Assistance 1948, should consider whether it could practically or efficiently discharge those duties, without providing accommodation to the claimant. For the judgement, click here.

Elayathamby, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2182 (Admin)
11th August 2011

There was nothing in the Secretary of State's mandate refugee policy that precluded her from seeking third country removal of an asylum seeker pursuant to European Council Regulation No 343/2003. For the judgement, click here.

AFP Association of UK Private Schools and Colleges (R on the application of) v Secretary of State for theHome Department (2011) CO/5945/2011
15th August 2011

The Association of UK Private Schools and Colleges were granted permission to judicially review the Government's proposed cut in student visas. This was permission application so no free link is currently available.

Training

Transfer of judicial review functions from the Administrative Court to the Upper Tribunal (28 September 2011)

HJT Training will be presenting a mini-conference in London on 28 September 2011 on the transfer of judicial review functions from the Administrative Court to the Upper Tribunal (Immigration and Asylum Chamber): speakers will include Mr Ockelton, the Chamber's Deputy President. For more details, click here.

Introduction to Immigration Law (6 September 2011)

On Tuesday 6th September in London (and a week later in Manchester) HJT begins its full four day comprehensive introduction to immigration law, essential for the accreditation exams for publicly funded and OISC work, and for practitioners wishing to master key concepts before representing private clients. For more details, click here.

 

 

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