Immigration Law Bulletin - Issue 248 - 17 October 2011

Monday 17 October 2011

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News

For UKBA's announcement of changes to immigration rules to take effect on 31 October 2011 (HC 1511) such that persons subject to immigration control who fail to settle an outstanding bill of £1,000 or more for NHS treatment will not be allowed to enter or remain in the UK until the debt is paid off, click here.

Cases

Quila and Bibi, R (on the application of) v Secretary of State for the Home Department [2011] UKSC 45
12 October 2011
By 4-1 majority the SC dismissed the SSHD's appeal from the CA judgment, holding that the refusal of marriage visas to the respondents on the basis that one of the parties to the marriages was under the age of 21 (immigration rules, HC 395, para 277 refers) infringed their Article 8 rights. Both Lord Wilson and Lady Hale giving the majority judgments considered that although they were only concerned with the respondents before them, it is difficult to see how the SSHD could avoid infringing Article 8 whenever she applied the rule to an unforced marriage. Lord Brown dissented. To read the full judgment, click here.

Kobir, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2515 (Admin)
6 October 2011
In a case where the student claimant had a good immigration history, his in-time variation application for leave as a Tier 4 student had been rejected as invalid owing to a genuine mistake on his part as to the necessary fees for his dependants and he had been made to wait for a year for a negative decision on a first out-of-time application because UKBA was investigating his college, Belinda Bucknall QC, sitting as a Deputy High Court Judge, quashed UKBA's negative decisions on two out-of-time applications for Tier 4 leave on the grounds of manifest unfairness and remitted the matter for further consideration by the UKBA (thereby refusing an order for mandamus requiring a grant of leave). To read the full judgment, click here.

Alarape and anr (Article 12, EC Reg 1612/68) Nigeria [2011] UKUT 00413(IAC) (AIRE Centre intervening)
10 October 2011

The UT held that the term "child" in Article 12 of Regulation (EEC) No.1612/68 (see now Article 10 Regulation (EU) No. 492/2011) - which guarantees a right of access to education - should be read to include "stepchild" and referred a series of other questions to the Court of Justice of the European Union, in particular: (1) For a parent to qualify as a "primary carer" so as to derive a right of residence from a child over 21 exercising a right of access to education under Article 12 (as above), is it necessary for that child to be (i) dependent on such a parent; (ii) residing in that parent's household; and (iii) receiving emotional support from that parent? And (5) Where a person has held an EU right of residence under Article 12 (as above) for a continuous period of more than five years, does such residence qualify for the purposes of acquiring a right of permanent residence under Chapter IV of the Citizens Directive (Directive 2004/38/EC) on "Right of Permanent Residence and being issued with a residence card under Article 19 of the same Directive? To read the full judgment, click here

Immigration Law Training and Events

Mark Symes presents HJT Training's Asylum Law update on Monday 17th October at 4pm; on Tuesday 18th October HJT run their course The Secret of Success at the First-tier Tribunal, showing how to turn a borderline case into a winning appeal, and on 31st October HJT repeats its Points Based System Remedies Masterclass.
For full details, click here.

Immigration Law Books

Garden Court Chambers immigration team members are authors of numerous books which we mention from time to time.

Asylum Law and Practice (2nd edition)
The second edition of Asylum Law and Practice by Mark Symes and Peter Jorro is published. Price: £138.00. For full details. click here.

Fransman's British Nationality Law (3rd edition)
The third edition of Fransman's British Nationality Law, written by Laurie Fransman QC and with contributions from Adrian Berry and Alison Harvey, was published in spring 2011. Price: £295.00. For full details, click here.

Macdonald's Immigration Law & Practice (8th edtion)
The eighth edition of Macdonald's Immigration Law & Practice was written by Ian Macdonald QC with contributions from many members of the Garden Court Immigration Team. Price: £230.00. For full details, click here.

 

 

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