Issue 154 - 7th September 2009

Monday 7 September 2009

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News

The government has accepted the recommendations made last month by the Migration Advisory Committee to tighten up the rules controlling when skilled workers are allowed to take jobs in the United Kingdom under the government's points-based system. From next year, all jobs must be advertised to British workers in Jobcentre Plus for four weeks - extended from two weeks - before companies can seek to employ individuals from outside Europe. Read more.

Cases

Mr Ockelton sitting as a Deputy High Court judge in the Administrative Court in Iqbal (R on the application of) v Secretary of State for the Home Department [2009] EWHC 2195 (Admin) (31 July 2009) noted that in immigration matters the Race Relations Act 1976 does not require the promotion of equality of opportunity. There was nothing in the New Points System as introduced for self employed lawyers to suggest that was unfair in public law terms, and the impact assessment had been adequate.
In Gol (R on the application of) v Secretary of State for the Home Department (2009)
[2009] EWHC 2214 (Admin) Plender J rejected an application for judicial review which sought to rely on the Ankara Agreement: he found that the fact that under the old immigration rules the Claimant might have been able to benefit from admission to the UK for a period of not more than 2 months, with a prohibition on employment and being advised to present her case to the Home Office, did not assist them where they already been presenting their case for a number of years without success.
In the Special Immigration Appeals Commission, Mitting J in XC & Ors v Secretary of State for the Home Department [2009] UKSIAC 77_2/2009 (14 August 2009) found that the seriousness of the allegations against the appellants (which in the assessment of the Security Services meant they posed a threat to national security) outweighed their otherwise strong claim to bail. Read more.

Russell J in the Federal Court of Canada in Rivera v. Canada (Citizenship and Immigration) 2009 FC 814 (CanLII) (10 August 2009) found that the refugee claim of an American objecting to military service in the Iraq conflict was not doomed to fail, given the failure of the Board below to investigate the evidence regarding selected and targeted prosecution based upon political opinion of those deserters who have spoken out against the war in Iraq.

Events

On 9 September Ranjiv Khubber will present a course for JCWI "Judicial review of immigration decisions". Read more.

On 22 September from 16:00 to 18:00 (2 CPD hours) Mark Symes and Tim Buley are presenting a course on the Use and Abuse of Home Office policies.
Book via HJT Training by clicking here.

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