Issue 72 - 21st January 2008

Friday 18 January 2008

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News

In a speech to Border and Immigration Agency staff, the Immigration Minister Liam Byrne set out a timetable for rolling out this year's priorities for the agency including the provisions of the 2007 UK Borders Act. The timetable is :

within 15 days to check fingerprints before a visa is issued anywhere in the world;

within 60 days to introduce on the spot fines for employers who don't make the right right-to-work checks;

within 80 days to begin the introduction of a new points system for managing migration;

within 100 days to introduce a single border force and police-like powers for frontline staff;

within 180 days to confirm the number of foreign national prisoners deported in 2008 will exceed 2007;

within 200 days to activate powers to automatically deport foreign national prisoners;

within 300 days to expand detention capacity;

within 330 days to begin issuing compulsory ID cards for those foreign nationals who want to stay;

by Christmas to begin counting foreign nationals in and out of the country and to introduce compulsory watch-list checks for high risk journeys before they land; and

within 360 days to make and enforce 60 per cent asylum decisions within six months, with alternatives to detention for children.

Byrne told BIA staff that: "the entirety of this agenda can sound harsh. Yes, it reflects what the British public demands and expects , but it is the precondition for the preservation of the greatest British tradition of tolerance." More info

The Border and Immigration Agency has updated its senior care workers occupational guidance, including transitional measures for senior care worker extension applications. More info

Cases

LQ (Age: immutable characteristic) Afghanistan [2008] UKAIT 00005
For the purpose of define membership of a particular social group, a person's age is an immutable characteristic. Although it changes constantly, one can oneself do nothing to change what it is at any particular time. Therefore any assessment should be based on what risks the appellant would face as a child were he return at the time of decision at not what notional risk he may face in future after he has grown into an adult.

JF (Para 320 refusal; substantive rule?) Bangladesh [2008] UKAIT 00008
Where an Entry Clearance Officer refuses entry clearance solely in reliance upon a ground in para 320 of HC 395, the general grounds for the refusal of entry clearance, and the immigration judge concludes that the ground does not apply. The immigration judge is then at liberty to proceed to determine the appeal under the substantive rule which was the basis for the Appellant's original application.

KJ ("Own or occupy exclusively") Jamaica [2008] UKAIT 00006
The requirement in the Immigration Rules that a person "own or occupy exclusively" property does not carry any technical legal meaning of exclusive occupation. It is sufficient if there is a defined place where the person lives and which he has as his home, with the implication of stability that that implies.

RN (rule 23(5): respondent's duty) Zimbabwe [2008] UKAIT 00001
The respondent complies with rule 23(5)(a)(i) if, in cases other than personal service, she sends or delivers the determination not later than the date on which the section 103A application is made. It is not necessary for the determination to have been served on the appellant for the purposes of rule 55(5) by that date. Where the appellant adduces evidence that suggests the respondent has not complied with rule 23(5)(a)(i), it is for the respondent to show otherwise.

 

"Free" Advice from Specialist Immigration Counsel

For the period 1 January 2007 to 30 March 2007, solicitors firms or advice agencies which have LSC Contracts (or are LSC Quality Mark holders) will be able to seek and obtain written advice from counsel on Immigration cases without having to first call the Garden Court Chambers Call Counsel advice line. More info

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