Issue 158 - 20th October

Tuesday 20 October 2009

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News

The UK Border Agency has announced changes to the way it registers further submissions and initial in-country asylum applications. In future where someone whose appeal rights have been exhausted asks to have their claim re-examined owing to a change in their circumstances, the application will have to be made in person rather than by post. Read more.

Cases

The Court of Appeal in ZH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1060, held that an application of the Immigration Rules to an spousal application under the Immigration (European Economic Area) Regulations 2006 was erroneous and remitted that appeal back for fresh consideration. Read more.

Whilst in AM (Kenya), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 1009, the Court of Appeal found that the Family Policy could not encompass a relationship between an aunt and her orphan nephew. Read more.

Three reported decisions from the Tribunal. In KB (para: 320(7A): "false representations") Albania [2009] UKAIT 00043 it found that a genuine document could also contain a false representation. If it did, then refusal under para. 320(7A) would still be lawful. Read more.

In IP and others (A2 national, worker authorisation, exemptions) Bulgaria [2009] UKAIT 00042 it held that exemption from worker authorisation under the 2006 Accession Regulations as amended does not automatically entitle an A2 national to a registration certificate as a qualified person. It only permits him to be considered in the same way as other EEA nationals. Read more.

Whilst in MS and others (family reunion: "in order to seek asylum") Somalia [2009] UKAIT 00041, the Tribunal found that family reunion provisions of para 352A do not extend to the family members of those whose own status derives only from those Rules. In those circumstances, a claimant cannot show that the sponsor left his country of former habitual residence "in order to seek asylum" as required by the Rules. Read more.

Legislation

The Borders, Citizenship and Immigration Act 2009 (Commencement No. 1) Order 2009 brings into force on 2nd November 2009 section 55 and Part 4 of the Schedule; on 10th November 2010, sections 51 and 54 and on 13th January 2010, sections 42 to 48. Read more.

The Adoptions with a Foreign Element (Amendment) Regulations 2009
SI 2009 come into effect on 23 October 2009. The Regulations amend the 2005 Regulations relating to the adoption by prospective adoptive parents ( of a child from outside of the British Islands) in accordance with the Hague Convention on Protection of Children. Read more.

Events

On 22 October from 3 pm to 6 pm (3 CPD hours) Navi Ahluwalia and Bryony Poynor 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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