Immigration Law Bulletin - Issue 256 - 20 December 2011

Tuesday 20 December 2011

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News

The new fees regime for applications to appeal to the First-Tier Tribunal (IAC) came into force on the 19th December 2011. Click here for more information.

Cases

HM (Iraq) & Anor v Secretary of State for the Home Department [2011] EWCA Civ 1536
13th December 2011

A country guidance determination of the Upper Tribunal (IAC) has a status comparable to a declaration in a public law case. Accordingly, the Upper Tribunal should as a general rule decline to proceed with a country guidance case where the appellant is not legally represented. Click here to read the full judgement.

Chapti & Ors, R (on the application of) v Secretary of State for the Home Department & Ors (Rev 1) [2011]
16th December 2011

The amendments to paragraph 281 of the Immigration Rules requiring foreign spouses and partners of persons settled in the UK applying for leave to enter the UK with a view to settlement, to have sufficient knowledge of the English language amounted to a legitimate and proportionate interference for the purpose of Art 8(2) ECHR. The exemptions to the rule based on nationality are not direct discrimination based on nationality for the purpose of Art 14 when read with Art 8. Nor does it amount to contravention of the right to marry protected by Art 12 ECHR. Click here to read the full judgement.

Patel (consideration of Sapkota - unfairness) India [2011] UKUT 484 (IAC)
16th December 2011

There isn't a separation of considerations going to extension of stay and a removal decisions, where the appellant seeks leave to remain outside the rules on 395C factors, if the consequences are that the Secretary of State will seek the removal of the appellant, even if her powers under S.47 of the Immigration, Nationality and Asylum Act 2006 have not been formally used. There was no unfairness where the Secretary of State and the Immigration Judge considered the factors relevant to intended removal in the appeal against the decision to refuse to vary leave. Click here to read the full judgement.

Haque (adjournment for asylum interview) Bangladesh [2011] UKUT 481 (IAC)
16th December 2011

An Immigration Judge is obliged to determine a ground of appeal brought under section 84(1)(g) of the Nationality, Immigration and Asylum Act 2002, even if the appellant raises for the first time in his grounds of appeal that he is a refugee. There is no obligation to adjourn any hearing before the First-tier Tribunal (IAC) for an asylum interview to take place. Click here to read the full judgement.

T (entry clearance - s.55 BCIA 2009) Jamaica [2011] UKUT 483 (IAC)
16th December 2011

Section 55 of the Borders, Citizenship and Immigration Act 2009 does not apply to children who are outside the United Kingdom. Where there are reasons to believe that a child's welfare may be jeopardised by exclusion from the United Kingdom, the considerations of Article 8 ECHR, the "exclusion undesirable" provisions of the Immigration Rules and the extra statutory guidance to Entry Clearance Officers, should all be taken into account by the Entry Clearance Officer at first instance and the judge on appeal. Click here to read the full judgement.

Wusa (para 159A(ii): Connection) Nigeria [2011] UKUT 482 (IAC)
16th December 2011

The requirement of a connection between employer and employee in paragraph 159A(ii) of the Immigration Rules, when it applies, is a requirement of a connection going beyond that of employment. Click here to read the full judgement.

Daby (Forgery; appeal allowed; subsequent applications) Mauritius [2011] UKUT 485 (IAC)
16th December 2011

Where an in-country application is refused on the ground that a document is false, and the Secretary of State fails to prove the falsity before a Tribunal, with the result that an appeal against the refusal is allowed the Secretary of State is obliged to comply with the terms of the Tribunal's decision and make a grant in accordance with the original application; it may be open to the Secretary of State to raise the question of the falsity of the document in response to any subsequent application. Click here to read the full judgement.

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.

Human Trafficking Handbook
Nadine Finch has contributed to the Human Trafficking Handbook: Recognising Trafficking and Modern-Day Slavery in the UK. Price: £34.99. For full details, click here.

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