Immigration Law Bulletin - Issue 242 - 5 September 2011

Monday 5 September 2011

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News

The Home Office have published their quarterly immigration statistics for the period from April to June 2011. Click here for more information.

Last week the Legal Services Commission completed the transfer of all case files from the Immigration Advisory Service to other contract holders. Click here for more information.

Cases

Azimi-Rad (Art.1F(a) - complicity - Arts 7 and 25 ICC Statute) Iran [2011] UKUT 339 (IAC)
1st September 2011

In establishing for the purposes of Art 1F(a) of the Refugee Convention, that an individual was complicit in crimes against humanity perpetrated by others in an organisation to which he belonged. It was necessary to consider all the circumstances of his involvement in that organisation, in order to determine whether he made a significant contribution to the it's ability to carry out such crimes. Click here to read the full judgement.

Moneke and others (EEA - OFMs) Nigeria [2011] UKUT 341 (IAC)
22nd August 2011

It is necessary to qualify as an 'other family member' (OFM) under Article 3(2) of Directive 2004/38/EC to show that the sponsor was an EEA national at the time when either the OFM was dependant upon him or a member of his household. Click here to read the full judgement.

Ihemedu (OFMs - meaning) Nigeria [2011] UKUT 340 (IAC)
17th August 2011

When an OFM comes to the UK without applying for a family permit from abroad, the UK authorities have been prevented from conducting the extensive examination of the individual's personal circumstances envisaged by Regulation 12(3) of the 2006 Regulations. As Regulation 17(4) makes the issue of a residence card to an OFM a matter of discretion, where the Secretary of State has not yet exercised that discretion, an Immigration Judge should allow the appeal as being not in accordance with the law, leaving the matter of whether to exercise her discretion to the Secretary of State. Click here to read the full judgement.

Fernandez (Dissidents and defectors) Cuba CG [2011] UKUT 343 (IAC)
26th August 2011

The human rights situation in Cuba is dismal and the government continues to deny its citizens basic civil and political rights. Those regarded by the Cuban authorities as opponents, dissidents or defectors can be at risk of treatment of sufficient severity to amount to persecution. Whether a particular individual will be at such risk depends upon his background and profile but in general terms an active political opponent who has come to the attention of the authorities or someone who has been openly disloyal to the regime is likely to be at such risk. Click here to read the full judgement.

Training

Transfer of judicial review functions

HJT Training will be presenting a mini-conference in London on Wednesday 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.

 

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