Issue 100 - 4th August 2008

Monday 4 August 2008

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News

Foreign students hoping to come to the UK to study will have to meet strict new criteria. The Home Office has published proposals tighter rules for foreign students - and the universities and colleges hosting them - under their student tier of the new Points Based System. All colleges and universities that want to recruit foreign students will now need a licence to do so and will have to take greater responsibility for their international students. Colleges face a ban on bringing over international students if they fail to follow strict new rules.
More info

From Monday 28 July 2008, employers and educational institutions can apply to join the sponsor register for tiers 2, 4 and 5 of the points-based system. More info

Cases

Baiai & Ors, R (On The Application of) v Secretary of State For The Home Department [2008] UKHL 53
The scheme introduced by the Secretary of State for the Home Department (pursuant to S.19 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004) that limited the rights of those subject to immigration control to enter into a civil marriage infringed the European Convention on Human Rights 1950 Art.12 and was therefore unlawful.

JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 S. 8 was no more than a reminder to fact-finding tribunals that conduct coming within the categories stated therein had to be taken into account when assessing the credibility of an asylum seeker. While such conduct had to be taken into account and was capable of damaging credibility, the section did not dictate that damage to credibility inevitably resulted, and the weight to be given to the conduct was entirely a matter for the fact-finder.

KH (Sudan) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 887
Immigration judges were expected to follow the country guidance contained in HGMO v Secretary of State for the Home Department (2006) UKAIT 62; in that it is generally not unreasonable to expect someone to relocate to the displaced persons' camps around Khartoum from an area of Sudan to which they could not return, This presumption could be overturned by evidence before the Tribunal that the appellant's claim could be distinguished from HGMO or it was no longer applicable due changing circumstances. Nevertheless, the AIT was still required to go into the individual circumstances of the appellant when considering whether it would be unreasonable to expect them to internally relocate.

LS (Uzbekistan) v Secretary of State for the Home Department [2008] EWCA Civ 909
On a reconsideration of an appeal the AIT had jurisdiction to re-open an issue that had been conceded by the secretary of state at the first hearing as it had not been a live issue and therefore the original Immigration Judge not made finds of fact.

DD (paragraph 159A: connection/employment) Sri Lanka [2008] UKAIT 00060
The requirement in para.159A(ii) of the immigration rules that there be evidence of a connection between the employer and the employee is of particular importance. It will be a question of fact in each case whether the requisite connection is proved. Although the connection will usually spring from the fact of employment in the employer's household, something more than a mere employer-employee relationship and presence in such a household is required. Para. 159A(ii) does not require the employee to have been continuously employed by the employer, provided that the totality of the periods of employment amounts to at least a year.

Legislation

The Immigration (Supply of Information to the Secretary of State for Immigration Purposes) Order 2008 No. 2077
Order No. 2077, is to ensure that certain information held by the Secretary of State for Transport, the Secretary of State for Work and Pensions and the Chief Constable of the British Transport Police Force may be supplied to the Secretary of State for the Home Department for use for "immigration purposes".

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