Issue 102 - 18th August 2008

Monday 18 August 2008

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News

The Secretary of State is encouraging employers to apply for a sponsor licence by the 1st October 2008 if they want to be have them in place in time for the opening of the skilled worker tier (tier 2) and the temporary worker tier (tier 5) under the point-based system at the end of November. More info

Cases

Secretary of State for the Home Department v TB (Jamaica) [2008] EWCA Civ 977
Where the secretary of state had not raised the point that an asylum seeker was a serious criminal for the purposes of the Convention relating to the Status of Refugees 1951 art.33(2) at the hearing of his appeal it was unlawful to subsequently raise it as the secretary of state was bound by the decision of the Asylum and Immigration Tribunal and was bound to grant the asylum seeker leave to remain which the tribunal's decision entitled him to.

MO (reg 17(4) EEA Regs) Iraq [2008] UKAIT 00061
The decision by the Tribunal in FD (Algeria) [2007] UKAIT 00049 that it has power to review the exercise of discretion exercised within the EEA Regulations remains correct, despite the reversal of that determination on other grounds by the Court of Appeal. When exercising discretion under reg 17(4) it will be necessary for the decision maker to show that all relevant circumstances were taken into account in relation to that decision. A reference to the relevant circumstances in relation only to a decision under Art 8 is unlikely to be sufficient.

YB (EEA reg 17(4), proper approach) Ivory Coast [2008] UKAIT 00062
Neither the Citizens Directive (2004/38/EC) nor regulation 17(4) of the Immigration (European Economic Area) Regulations 2006 confers on an "extended family member" of an EEA national exercising Treaty rights a right to a residence card; consistent with the Directive, reg 17(4) makes it discretionary.2. In deciding whether to issue a residence card to an extended family member of an EEA national under reg 17(4) the decision-maker should adopt a three-stage approach so as to: firstly, determine whether the person concerned qualifies as an extended family member under reg 8. Next have regard, as rules of thumb only, to the criteria set out in comparable provisions of the Immigration Rules. Finally, ensure there has been an extensive examination of the personal circumstances of the applicant.

OG (Student - thesis - term time employment) Nigeria [2008] UKAIT 00057
The fact that a student is writing up a thesis rather than attending classes at a university does not exempt him from the limitation on paid work of twenty hours per week during term time.

Events

There is a course on Challenging immigration decisions, appeal rights and other remedies given by Steve Symonds of ILPA on Monday 8 September 2008, Leeds, 2.30-.415pm.

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