Immigration Law Bulletin - Issue 269 - 2 April 2012

Monday 2 April 2012

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Some overseas visa fees, and UK-based visa application fees, are to be increased from Friday 6 April 2012. To read further click here.

Immigration Rules
Most of the changes effected by HC 1888 come into effect on 6 April 2012. To read the statement of changes click here and to see the UKBA summary of the 6 April changes click here.


E1/OS (Russia) v Secretary of State for the Home Department [2012] EWCA Civ 357 (22 March 2012)
The CA, reversing Mitting J, quashed a decision notice informing a Russian national, who was abroad at the time of the notice, that his ILR was cancelled on non-conducive to the public good grounds, as it failed to inform him of his in-country right of appeal to the SIAC. It was common ground that when a person situated abroad was given notice of intention to deprive him of his leave to remain he had ten days to return to the UK and make an in-country appeal (owing to 1971 Act, s 3D) and it was insufficient, to save the validity of the notice, that he had been informed of an out-of-country right of appeal. To read the full judgment click here.

Abubaker v Entry Clearance Officer (Sannaa) [2012] EWCA Civ 377 (28 March 2012)
The CA interpreted Immigration Rules para 317(iva) (maintain adequately w/o recourse to public funds) to require that taking account of cumulative net income, available from the sponsor as well as from a third party, there would be adequate total income to maintain both the sponsor (and his dependants) and the applicant. The CA again approved the approach in KA (Pakistan) [2006] UK AIT 00065 to the effect that the proper test of adequacy was by reference to the then applicable income support rates (taking the date of the decision of the ECO as the relevant date). To read the full judgment click here.

Al-Jedda v Secretary of State for the Home Department [2012] EWCA Civ 358 (29 March 2012)
Allowing an appeal from SIAC, the CA held that under Iraqi law, which would be applied consistently with international law, it was not the case that a former Iraqi citizen would on being deprived of British citizenship (under BNA 1981, s 40(2)) be automatically restored to Iraqi nationality. Accordingly the effect of depriving the appellant of his British citizenship would be to render him stateless and this was contrary to BNA 1981, s 40(4). To read the full judgment click here.

Wright v Argentina [2012] EWHC 669 (Admin) (20 March 2012)
In the absence of any undertakings from the Government of Argentina and in the absence of any challenge by the GoA to evidence that foreign women in Argentinian prisons would be subject to abuse, including food shortages, physical violence and degrading intimate searches, the DC allowed the appellant's appeal against extradition, in relation to drugs trafficking offences, on ECHR, Art 3 grounds. To read the full judgment click here.

Shahzad (s 85A: commencement) [2012] UKUT 81 (IAC) (13 March 2012)
The UTIAC held that on its true construction, Art 2 of the UK Borders Act 2007 (Commencement No 7 and Transitional Provisions) Order 2011 (SI 2011/1293 - bringing into force UK Borders Act 2007, s 19) amends s. 85 of the 2002 Act and introduces s. 85A into the 2002 Act only in relation to applications made to the Secretary of State on or after 23 May 2011. To read the full determination click here.

Azia (proof of misconduct by judge) [2012] UKUT 00096(IAC) (26 March 2012)
Per the UTIAC: a party alleging misconduct by a judge needs to prove it and parties and their representatives need to ensure that the evidence is collected while memories are fresh. Permission to call evidence before the UT may be refused where, in circumstances where a party has not acted promptly to prepare and disclose evidence, it would be unfair to the other party, or not in the interests of justice. To read the full determination click here.


OISC Level 1 Accreditation Training
Tuesday 3 April 2012

HJT Training has introduced a one day course, on 3 April 2012, for those newer to Immigration Law wishing to accredit at entry level. The aim of this course is to give delegates sufficient knowledge for Level 1 assessments with the OISC focussing on the OISC's core requirements.
For more information, 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 edition)
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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