Issue 84 - 14th April 2008

Monday 14 April 2008

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Caselaw

Odelola v Secretary of State for the Home Department [2008] EWCA Civ 308

The Immigration Rules are not delegated or subordinate legislation and therefore were not subject to the Interpretation Act 1978. Therefore the Home Office was entitled to apply the Immigration Rules in force at the time that it considered an immigration application and not the Rules that were in force when the application was made; unless transitional provisions stated otherwise.

MA (Palestinian Territories) v Secretary of State for the Home Department [2008] EWCA Civ 304

The denial of the right of re-entry to a stateless person to their country of habitual residence is not in itself persecutory under the Refugee Convention.

HSMP Forum Ltd, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 664 (Admin)

A declaration was granted to the applicants that changes to the Highly Skilled Migrant Programme did not apply to migrant workers who were already part of the scheme.

MC (ss 88: meaning of "a passport") Gambia [2008] UKAIT 00030

In relation to an application for entry clearance, "a passport" in s 88(3)(b) of the 2002 Act means a valid passport satisfactorily establishing the holder's identity.

Legislative changes

The Immigration (Disposal of Property) Regulations 2008 (SI 2008/786), come into force on 17th April 2008. The Regulations allow the Secretary of State to dispose, sell or retain property confiscated pursuant to powers under S25 & 26 of the UK Borders Act 2007. More info

The Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008 (SI 2008 977), came into force on the 7th April 2008. It amends the Criminal Justice Act 1991, to enable foreign national prisoners to be removed from prison, and hence the UK, at an earlier point in their sentence; it doubles the maximum number of days from which a prisoner may be removed from prison under the Early Release Scheme. More info

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