Issue 157 - 12th October 2009

Monday 12 October 2009

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The UKBA has published revised guidance for employers and education providers who sponsor migrants under the points-based system, and has enabled education providers to use the sponsorship management system for the first time. Read more.

The Home Secretary has personally assured the Pakistan Government that the UKBA is committed to providing an efficient visa service to its customers and is working to reduce visa processing times so as to reduce the waiting time for visa applications to 15 working days in November, in line with global customer service standards. Read more.

The Daily Telegraph, amongst others, is claiming that a "leaked secret memo" reveals UKBA is changing guidelines in order to grant indefinite leave to remain to 40,000 people because it is going to be too difficult to remove them. Read more.

However, for the probable source of this story, see the OEM at chapter 53.1.2 re 'residence accrued as a result of delay by UKBA' click here.


In R (Anirah) v SSHD [2009] EWHC 2363 (Admin) Wyn Williams J held that where a claimant, found suitable for release by the Parole Board, had exhausted his appeal rights against the SSHD's decision to deport him, his continued detention thereafter became unreasonable at the stage where he had by then spent over 22 months in administrative detention and the SSHD had not acted expeditiously to obtain appropriate travel documentation for him. Read more.

In ZB & HB (Validity and recognition of marriage) Pakistan [2009] UKAIT 00040 the AIT held that a marriage that is otherwise valid is not rendered void by demonstration of the incapacity of one of the parties at the time of the ceremony; but a marriage that is valid may, in special circumstances (which may or may not relate to capacity) not be entitled to recognition as such. Read more.

In MA (Illegal entrance - not para 395C) Bangladesh [2009] UKAIT 00039 the AIT held that 1999 Act, s 10 has no application to an illegal entrant and hence, as a consequence, neither does para 395C of HC 395. Read more.


On 22 October from 3 pm to 6 pm (3 CPD hours) Navi Ahluwalia and Briony Prior of Garden Court Chambers are presenting a course on Rule 39 applications to the European Court of Human Rights at 1 Liverpool Street, London EC2M 7QD.
To book via HJT Training please click here.

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