Issue 95 - 30th June 2008

Monday 30 June 2008

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News

The UK Border Agency had announced that it want to introduce a new sponsored family visa. Sponsors who fail to ensure that family members comply with their leave to enter, may face a ban on bringing anyone else over, penalties of up to £5,000 or a jail sentence.
More info

Case Law

AL (Serbia) v Secretary of State for the Home Department [2008] UKHL 42
The difference in treatment effected by the Family Indefinite Leave to Remain concession between children entering the United Kingdom with their families and those entering without were justified, and the concession did not offend against the European Convention on Human Rights 1950 art.14.

Beoku-Betts v Secretary of State for the Home Department [2008] UKHL 39
The Immigration and Asylum Act 1999 s.65 allowed the appellate authorities, in determining whether the appellant's human rights had been breached, to take into account the effect of his proposed removal on all the members of his family unit.

EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41
An asylum seeker's claims under the European Convention on Human Rights 1950 art.8 had not been accurately or adequately addressed when deciding whether to uphold a decision to remove him from the United Kingdom. The Asylum and Immigration Tribunal should consider whether, and to what extent, a delay in resolving his asylum claim, and the manner of its handling, were relevant when considering the overall proportionality of ordering the removal of the asylum seeker.

Chikwamba v Secretary of State for the Home Department [2008] UKHL 40
It would only be comparatively rarely, certainly in family cases involving children, that appeals under the Immigration and Asylum Act 1999 s.65 should be dismissed on the basis that it would be proportionate and more appropriate for the appellant to apply for leave to enter the United Kingdom from abroad.

Immigration Rules

Statement of changes to the Immigration Rules HC 607 came into force on 30 June 2008: It fully implements Tier 1 of the Points Based System; amends the General Grounds for Refusal (previously amended by HC321); and amends the period of time that a person should normally be absent from the UK before revocation of a deportation order is considered. More info

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