Issue 114 - 10th November 2008

Monday 10 November 2008

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News

The UKBA has announced that the age at which someone can apply for a marriage visa will increase from 18 to 21 from the end of this month. From 27 November both parties in a marriage will have to be 21 before a marriage visa can be issued. New immigration rules for business and other 'special' visitors will also be introduced. see here

The number of jobs available to migrant workers through the shortage occupation list when Tier 2 of the points-based system is launched will be reduced by 200,000 (down from 1 million to 800,000). see here

Sheep shearers, ballet dancers, maths teachers, geologists, chemical engineers, horse trainers, physicists and biologists have been placed on Britain's 'most wanted list' under the new immigration points system, the Home Office have announced. see here

The British Medical Association has warned of the dangers to public health of restricting NHS treatment for failed asylum seekers. see here

 

Cases

In RA (Sri Lanka) v SSHD [2008] EWCA Civ 1210, the CA held that whilst there might be factual differences between human rights claims involving physical illness and claims involving mental illness, in particular where it was said that removal would give rise to a risk or increased risk of suicide, N v UK (2008) 47 EHRR 39 made it clear that the same principles were to be applied in both types of case.

In PS (Sri Lanka) v SSHD [2008] EWCA Civ 1213, the CA held, with reference to immigration rules, HC 395, para. 339K, that an asylum claimant who had been subjected to repeated rapes by rogue soldiers was entitled to humanitarian protection. Per Sedley LJ: "The single test of whether a fear of persecution or ill-treatment is well-founded is whether on the evidence there is a real risk of its occurrence or recurrence. This straightforward formula now replaces the sometimes confusing variants which have been used over the years in leading cases here and abroad: see Macdonald Immigration Law and Practice, 7th ed, §12.27."

In SK (Zimbabwe) v SSHD [2008] EWCA Civ 1204, the CA held that compliance with the review provisions of the Detention Centre Rules 2001 and relevant provisions of the Operations Enforcement Manual was not a condition precedent to the legality of a detention under the Immigration Act 1971, Sch.3 para.2(2). Rather avoidance of "the vice of arbitrary detention" by use of the power conferred by para. 2(2) requires that in every case the Hardial Singh principles should be complied with and in the event of a legal challenge the SSHD must be in a position to demonstrate by evidence that those principles have been and are being fulfilled.

In IY (Ankara Agreement - fraud and abuse) Turkey [2008] UKAIT 00081, the AIT held that the benefits of the Ankara Agreement may if appropriate be denied to applicants who have made fraudulent asylum claims or established businesses unlawfully notwithstanding that the applicant has left the United Kingdom voluntarily to make an application from overseas under the standstill clause.

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