Issue 52 - 14th May 2007

Monday 14 May 2007

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Legislation

The UK Borders Bill received its first reading in the House of Lords on 10.5.2007. In its present form, the Bill can be found by clicking here

The Special Immigration Appeals Commission (Procedure)(Amendment) Rules 2007, SI 2007/1285 provide (inter alia) for the holding of directions hearings as soon as practicable after notice of appeal is given; an obligation on the Secretary of State to file exculpatory material together with his statement of evidence and reasons for opposing an appeal; an obligation on the Secretary of State to search for exculpatory material; the striking out of an appeal or the Secretary of State's reply to an appeal if no reasonable grounds for bringing or defending the appeal are disclosed; an obligation on the SSHD to notify an appellant why material relied on is redacted. More info

The Community Legal Service (Asylum and Immigration Appeals) (Amendment) Regulations 2007, SI 2007/1317 make provision about the making of funding orders under Nationality, Immigration and Asylum Act s. 103D More info

Immigration rules

The immigration rules were amended, with effect from 1.5.2007, by Cm 7075. The new rules provide for leave to enter and remain as a participant in the International Graduates Scheme and amend the rules relating to leave to enter as a 'Fresh Talent: Working in Scotland Scheme participant'. More info

Court of Appeal

R v IK, AB and KA [2007] EWCA Crim 971. Where an individual had successfully appealed to SIAC against a certificate that he was a terrorist whose presence in the UK was a threat to national security, the principles of double jeopardy did not prevent him from being subsequently prosecuted for terrorism offences based on broadly similar allegations. More info

Asylum and Immigration Tribunal

DA (Section 3C - meaning and effect) Ghana [2007] UKAIT 00043. Immigration Act 1971, s. 3C(5) enables a person to vary an application for leave to remain whilst the person's leave is extended by s. 3C(2). However, such a variation could not be made once the Secretary of State had made a decision on the variation application. Any new matters or information would have to be considered at the appeal. More info

 

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