Issue 167 - 18th January 2010

Monday 18 January 2010

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Independent research published by the Refugee Council last week has revealed refugees have little, if any, choice over which country they claim asylum in, and that few know what to expect before they arrive in the UK

The UK Border Agency announced last week that identity cards will now be required by migrant skilled workers and their dependants.

The Agency has also published its formal response to its 2009 public consultation on the fees it charges for immigration and visa applications.

From the beginning of this year, students from countries outside the European Economic Area will be able to apply to enter the UK for up to six months on an exchange or educational visit to a state-maintained school, a non-maintained special school, an independent fee-paying school or an independent non fee-paying school. They will not require entry clearance, unless they are nationals of countries who require a visa to enter the UK.


In the Court of Appeal in Low & Ors, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 4, Rix LJ held that for the purpose of asserting a right to work under Art 49 of the Nice Treaty as a posted worker, lawful residence or employment in the country of establishment was a necessary precondition.

Khan v UK - 47486/06 [2010] ECHR 27
An intention to deport a person who had lived in the UK with his only close relatives from the age of three years, who was of good conduct during and after his seven-year prison sentence for serious offences, and who had a relationship of sufficient constancy with a national of the State and their daughter to create de facto family ties, constituted an interference with his private and family life that was not proportionate to the legitimate aim pursued and thus not necessary in a democratic society. Accordingly, there had been a breach of art.8 of the European Convention on Human Rights.


The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 No. 21, which comes into force on 15th February 2010, made under the Tribunals, Courts and Enforcement Act 2007, brings into effect the new two-tier tribunal structure.

The Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009 2009 No. 3321 extends the definition of 'dependant' under the Immigration (Biometric Registration) Regulations 2008 to include unmarried and same sex partners.


"Human Rights Act or a Bill of Rights?"
Speaker: Professor Conor Gearty, barrister and Director of Centre for the Study of Human Rights, LSE 6.30pm Thursday 21 January 2010, College of Law, 14 Store Street, London WC1E 7DE.
Admission free. CPD points available to practitioners (£10 charge).


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