Issue 58 - 25th June 2007

Monday 25 June 2007

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News

The Home Office announced the bringing together of a new group of frontline practitioners to advise Government on how migration affects public services and local communities, in advance of the new points based system for migrants to be introduced in the new year. The Migration Impacts Forum (MIF) will bring together experts from local government, health, education, the police and criminal justice system, the voluntary sector, the CBI and TUC to discuss with Ministers the wider social impacts of migration. Ministers will take the MIF's evidence into account when they decide where to set the 'hurdle' that migrants need to cross to work or study in the UK. More info

The Foreign and Commonwealth Office published the fourteenth report by the Independent Monitor for Entry Clearance. The report covers refusals issued during the nine month period between 1 January and 30 September 2006 and is the second report by Linda Costelloe Baker. More info

Cases

In AP and FP (Citizens Directive Article 3(2); discretion; dependence) India [2007] UKAIT 00048 (13 June 2007), the Tribunal find that Article 3(2) of the Citizens Directive bestows only procedural rights on extended family members of EEA nationals, namely rights of facilitation of entry and residence, and of "extensive examination" of their circumstances and a justification of refusal. An individual who established themselves to be an extended family member can challenge the adverse exercise of discretion against them on the ground that it breaches their rights under the Treaties or other European Union law, and might succeed in having a decision set aside. The effect of the decision of the European Court of Justice in Jia is to import into European law a requirement for dependence to be of necessity. More info

In FD (EEA discretion: basis of appeal) Algeria [2007] UKAIT 00049 (12 June 2007), the Tribunal found that extended family members can claim that the discretion exercised under the Regulations should have been exercised differently, in which case the Tribunal has jurisdiction to substitute its own view of how the discretion should have been exercised, although this is dependent on the Appellant falling within both the domestic and Community law provisions. More info

In BO (Domestic worker, connection with Sponsor) Nigeria [2007] UKAIT 00053 (04 June 2006) the Tribunal found that, regarding domestic workers, to establish the evidence of connection between the employer and the employee, subparagraph (ii) of rule 159A(ii) requires that the employee should have been employed by the employer for one year or more immediately prior to the application for entry clearance. To assess whether an adequate connection has been made, an Immigration Judge should therefore look at least at the final year of the relationship but may also take into account a longer period to ascertain the extent of the connection, and should do so if there is some temporary aberration in the final year from the established long-term pattern. More info

In AM (3rd party support not permitted R281 (v)) Ethiopia [2007] UKAIT 00058 (21 June 2007), the Tribunal found that third party support is not permitted under paragraph 281 of the Rules; their reasoning may well extend to other immigration categories than spouses. They reiterated the developing view of the Tribunal that, when assessing maintenance ability, the benefits a person receives must themselves be deemed to be "adequate maintenance" for that person alone. If it is proposed that sums paid to a sponsor by way of disability living allowance will be used towards the maintenance of an applicant, evidence must be adduced to show precisely how the sponsor's funds will be saved by obtaining alternative care, whether the applicant is able and willing to provide the care and whether the funds saved would be adequate for his maintenance without recourse to public funds. Completing his work for the day, the President went onto find that the decision of the House of Lords in Huang would not make it easier to succeed under Article 8 than was previously the case. More info

Events

On Thursday 28 June 2007 Steve Symonds of ILPA will be giving a course on key developments in appeals procedures at the London ILPA office from 4-7.15pm. http://www.ilpa.org.uk/

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