Issue 10 - 25th April 2006

Tuesday 25 April 2006

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Government and Parliament

The Statement of Changes in Immigration Rules laid on 20 April 2006 (HC 1053) revokes the existing provision of the right for European Economic Area (EEA) nationals and their family members to apply for permission to remain indefinitely under United Kingdom domestic law under paragraphs 255 to 257 of the Immigration Rules. The relevant explanatory memorandum appears on the Home Office IND website click here to find out more.


The Lawyer reported that the most dramatic rise in the work of the Court of Appeal recently has been in appeals emanating from the Immigration Appeal Tribunal. In four years, the number of immigration appeals has nearly tripled, from 66 in 2001-02 to 172 last year. Immigration cases now account for 14.5 per cent of the Court of Appeal's civil work. Applications for appeal have also risen, up 8 per cent from 3,143 applications in 2003-04 to 3,383 last year. The court is currently examining the way it handles appeals that are "wholly without merit", with proposals out for public consultation. Click here for more info

The influx of economic migrants from Eastern Europe is helping to keep Britain's economy "surprisingly robust", according to a survey by Ernst & Young. The Ernst & Young ITEM Club, which forecasts on economic issues, has argued that, on the eve of the second anniversary of the accession of the ten latest European Union member states, the UK is "on the crest of a new immigration wave". Professor Peter Spencer, chief economic advisor to the club, said: "The steady flow from the most recent accession countries to the UK has proved remarkably positive for the economy, keeping interest rates a half a per cent lower than they would otherwise have been. Click here for more info

Case law

Silber J in the Administrative Court In R (Baia and Others; JCWI) v Secretary of State for the Home Department[2006] EWHC 823 (Admin) (10 April 2006) found that the system of "certificates of approval" for marriage was incomptatible with the EHCR, because the regime is not rationally connected to the legislative objective - particularly unsatisfactory was the failure of the Secretary of State to consider or investigate whether marriages entered into in non-Anglican religious ceremonies should have been exempted from the certification requirements. Furthermore, the scheme constituted unfair and unjustifiable discrimination based on personal characteristics such as religion and nationality.
Read the case by Clicking here

In AA and LK v Secretary of State for the Home Department [2006] EWCA Civ 401 (12 April 2006), the Court of Appeal found errors of law in the Tribunal's approach to the well known test cases in which involuntary returnees to Zimbabwe were found to be refugees. They identified errors by the Tribunal in its approach to the country evidence, and found that in law a returnee who refused to take the safe option of voluntary return to the country of his nationality is not a refugee. In these circumstances the matter was sent back to the Tribunal for further consideration. Click here to view the decision.

In Tozlukaya, R (on the application of) v Secretary of State for the Home
Department[2006] EWCA Civ 379 (11 April 2006), the Court of Appeal ruled it contrary to good administration for the Home Office to make decisions concerning children with long residence without any regard to the Parliamentary statement on the subject by Mike O'Brien, in 1999. Click here to read the case

In Karas & Anor, R (on the application of) v Secretary of State for the Home Department [2006] EWHC 747 (Admin) (07 April 2006), Munby J in the Administrative Court castigated the Home Office for disregard (if not disdain) for the rule of law in detaining asylum seekers in an attempt to spirit them out of the jurisdiction and so denying them access to legal advice and the courts. Such behaviour made detention unlawful. Click here to view the decision.

In Secretary of State for the Home Department v Hicks[2006] EWCA Civ 400 (12 April 2006), the Court of Appeal found that the Secretary of State would not normally be able approach an application for registration of citizenship so as to grant it, and at once to revoke it on the basis of alleged activities contrary to the national interest. Click here to read the case.

The Court of Appeal in R (RG) v Secretary of State for the Home Department [2006] EWCA Civ 396 (11 April 2006) reminded litigants that delays of more than two months in filing a notice of appeal would only be overlooked in rare and limited cases where the facts justifying such a long extension of time could be strictly proved. Click here to read the case.

The AIT in TB (Student application, variation of course, effect) Jamaica [2006] UKAIT 00034 (06 April 2006) found that, where a person changed courses so that at the date of decision it was clear they had abandoned any intention of following a course of study falling into the category for which they had applied for an extension of stay, the rules on considering facts as at the date of the appeal hearing could not operate in favour of allowing the appeal. Click here to read the case.

The AIT in BO and Others (Extension of time for appealing) Nigeria [2006] UKAIT 00035 (12 April 2006) laid down ground rules for considering extensions of time for appealing. Click here to view the decision.

In EA (Timeous appeal treated as late) Ghana [2006] UKAIT 00036 (12 April 2006), the AIT found that an appeal that had been wrongly thought to have been brought out of time remained pending for determination, and so the Tribunal had jurisdiction to make a ruling to that effect, without the need for judicial review. Click here to view the decision

Garden Court Chambers seminars

30th May 06 - Crime and immigration seminar - 6.30-8pm (1.5 CPD)
Click here to book now

Other seminar and training providers

EIN Training EIN will be visiting Newcastle upon Tyne on Friday 16th June (at Newcastle University) for a course running from 1.00pm-5.30pm (4 hrs CPD) at which they will be putting their website through its paces. Call 0845 458 4151 to book.

ILPA Training "Public Funding in Immigration", Thursday 27 April 2006, 3 CPD points. Call ILPA on 0207 251 8383 to book.

JCWI Training Adrian Berry of Garden Court Chambers will be presenting a course on the New Citizens Directive on 28 April 2006. Call JCWI on 0207 608 7306 to book.

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