Issue 73 - 28th January 2008

Monday 28 January 2008

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News

Unified contract: Society to issue second judicial review

The Law Society is about to issue further judicial review proceedings to oblige the Legal Services Commission (LSC) to comply with the declaration of the Court of Appeal. Read more

The Border and Immigration Agency (BIA) have announced a consultation on a new Code of Practice for its staff, and consulting on lifting the UK reservation on the UN convention on the Rights of the Child. Read More

The BIA has also announced updated guidance for work permit applications for chefs and other hospitality workers. Read More

Case Law

For the purposes of the definition of a social group within Article 1A(2) of the Refugee Convention, age, is an immutable characteristic with respect to children: LQ (Afghanistan) [2008] UKAIT 00005

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. KJ (Jamaica) [2008] UKAIT 00006

Where an ECO refuses entry clearance solely in reliance upon a ground in para 320 of HC 395 and the immigration judge concludes that the ground does not apply, subject to the requirements of fairness, the judge should proceed to determine the appeal under the substantive rule which was the basis for the Appellant's original application.
JF (Para 320 refusal; substantive rule?) Bangladesh [2008] UKAIT 00008

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