Immigration Law Bulletin - Issue 252 - 22 November 2011

Tuesday 22 November 2011

Share This Page

Email This Page

News

The migration advisory committee publishes report on family migration route. Click here to read more .

UKBA changes to the shortage occupation list comes into effect. Click here to read more.

Cases

San Michael College Limited v Secretary of State for the Home Department [2011] EWCA CIV 1336 (18/11/2011)
The Court of Appeal found that despite a College failing in their record keeping and having serious defaults in their mode of operation, the UKBA procedure when suspending and then revoking a college's sponsor license had been so unfair and decision making process so obscure the suspension and revocation decisions could not stand. Click here to read the full judgement.

AS (Somalia)Secretary of State for the Home Department [2011] EWCA Civ 319
The Court of Appeal considered when a person whose asylum claim had been rejected by the Secretary of State for the Home Department are entitled to appeal against that rejection. Section 83 2002 Act confers such a right. The Court of Appeal found that once it was accepted that there needs to be no nexus between the rejection of an asylum claim and grant of leave to remain for more than one year the possibility of delay between two events was possible. So a person could be rejected asylum and granted leave years apart and appeal under S83 of 2002 Act. Even if that produces absurd consequences that is not a good reason to put a gloss on interpretation of S83 2002 Act (see paras 29-31,36 Judgment). Click here to read the full judgement.

Sapkota & Anor (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 1320
The Court of Appeal found (Arden LJ dissenting paragraphs 128-140) that a failure by the Secretary of State for the Home Department to make a prompt decision on removal after rejecting an application to vary leave to remain in the United Kingdom rendered the initial decision "not in accordance with the law" (s84(1)(e) NIAA 2002. Both appeals in this conjoined appeal argued that the segregation of the decision regarding leave to remain and removal rendered the former decision not in accordance with the law. The Court of Appeal found in relation to the first appellant K the Court did have jurisdiction to determine the fact of the segregation issue and remitted the matter back to the Secretary of State to reconsider the application for leave. Click here to read the full judgement.

Muqtaar v Secretary of State for the Home Department (Admin Court) 14.11.2011 [2011] EWHC 2707
The Administrative Court found that a 41 period of detention prior to deportation of a Somali national with numerous convictions of absconding in the UK was found to be lawful in circumstances in which the detainee presented a clear risk of absconding and offending and where it could not be said that there had been no prospect of deporting him within a reasonable period. Click here to read the full judgement.

 

 

Latest tweets from Garden Court Chambers

Follow us on Twitter

Tweets by gardencourtlaw

We are top ranked by independent legal directories and consistently win awards

+ View more awards