Immigration Law Bulletin – Issue 361 – 4 March 2014

Tuesday 4 March 2014

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Immigration Law News

Net migration increased to 212,000 in the year to September 2013. To read more, click here.

Migration advisors say that UK visas should be auctioned to wealthy foreigners. To read more, click here.

Changes to how you apply for a visa from outside the UK. To read more, click here.

Universities being used as proxy border police, say 160 academics. To read more, click here.

Government response to the Joint Committee on Human Rights (JCHR): The implications for access to justice of the Government's proposals to reform legal aid 27 February 2014.

In particular, the Government agrees that some further modifications to the proposed residence test are justified in order to achieve the essential policy aim of targeting legal aid at those with a strong connection to the UK, whilst providing protection for those who are particularly vulnerable. The Government therefore intends to make the following further changes to the proposal:

  • An asylum seeker who is successful in their asylum claim will not be required to satisfy the residence test until 12 months after their claim for asylum was made, or until their claim for asylum was determined (whichever occurs later). The effect will be to ensure that an asylum seeker who is successful in their asylum claim would be either exempt from the residence test, or be able to accrue sufficient previous lawful residence to satisfy the second limb of the test for any civil legal aid applications.
  • Similarly, other categories of refugee who never make a claim for asylum in the UK, but are resettled or transferred here would not be required to satisfy the residence test until 12 months after they arrive in the country (after which point they would have been able to accrue sufficient lawful residence to satisfy the test).
  • Alongside other exceptions for protection of children cases previously set out in Next Steps there will be a further exception for sections 17 and 20 Children Act 1989 cases falling within paragraph 6 of Part 1 of Schedule 1.

The Government will not be taking forward the recommendation of the JCHR to provide a general exception for those who lack mental capacity and are unable to litigate under the rules of the court. However, the Government is minded to introduce flexibility in the requirements to provide evidence of residence for individuals whose personal circumstances (e.g. age, mental disability or homelessness) may make it impracticable for evidence to be supplied. To read the Government's response, click here.

Immigration Law Cases

ST & Anor v Secretary of State for the Home Department [2014] EWCA 188
The Court of Appeal rejected the appeals relating to the applications for resettlement to UK of "mandate refugees". Mandate refugees are UNHCR-recognised refugees after examination of their personal circumstances and who are for the time being resident outside the United Kingdom.

The Court of Appeal considered the application of the mandate resettlement policy (MRS) which is a scheme permitting individual resettlement applications based on close family ties with persons already in the UK. The Court found that:

1) MRS applied to those applicants coming to the UK not relatives already in the UK, e.g. the applicant had to be a spouse, child or parent/grandparent

2) On the facts of the individual cases the individuals did not meet the exceptional circumstances criteria

3) The Court declined to refer back the Article 8 ECHR issue for consideration by the Home Office and found that that Article 8 ECHR was unlikely to be engaged. To read the full judgment, click here.

Sarkar v Secretary of State for the Home Department [2014] EWCA Civ 195
In the case of an immigration appeal where no evidence was presented to the First-tier Tribunal in relation to Article 8 ECHR, the Upper Tribunal could not be criticised for refusing to allow permission to appeal on that ground. Where a grant of permission was made on an unrelated ground by the Upper Tribunal, it was not required to conduct a complete rehearing. To read the full judgment, click here.

Shahzad (Article 8: Legitimate aim) Pakistan [2014] UKUT 85 (IAC) (26 February 2014)
The Upper Tribunal considers "legitimate aim" within the meaning of Article 8(2) and Article 8 generally following the Court of Appeal case of MF Nigeria [2013] EWCA Civ 1192. To read the full judgment, click here.

Dimitris Tsavdaris v Home Office [2014] EWHC 440 (QB)
Lang J finds detention of a Greek national unlawful for some months after a refusal to revoke a detention order (DO) failed to take into account the 2006 European Economic Area (EEA) regs which allowed his removal only on imperative grounds of public security. To read the full judgment, click here.

Immigration Law Events

Immigration Bill Online Q&A
Wednesday 19 March from 13:00 to 14:00
Refugee Action are hosting an online Q&A session examining the Immigration Bill. Panellists include Adrian Berry of Garden Court Chambers.
For more details and to submit questions in advance, click here.

Immigration Law Books

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

Immigration Practice and Procedure in Family Proceedings
This practical new work by Nadine Finch, Omar Shibli, Anthony Vaughan concentrates on the immigration procedures, law and rules relevant to family proceedings. Price: £60.00. For full details click here.

Asylum Law and Practice (2nd edition)
The second edition of Asylum Law and Practice by Mark Symes and Peter Jorro has been 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: £36.00. For full details, click here.

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