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Case Law Bulletins _ 2011

 

Considering the meaning of limited leave

Kishver (Limited leave: meaning) Pakistan [2011] UKUT 410 (IAC) (05 October 2011)

This Upper Tribunal case was heard on 29th July 2011 at Field House. The case concerned the meaning of ‘limited leave’ under section 10(1)(a) of the Immigration and Asylum Act 1999. Limited leave to remain in the UK


Valid Confirmation of Acceptance of Studies case

Bhanushali (re-using same CAS: new rules) India [2011] UKUT 411 (IAC) (05 October 2011)

This Upper Tribunal case was heard on 9th September 2011 at Field House. Tier 4  case law


Mohamoud (Paras 352D and 309A - de facto adoption) Ethiopia [2011] UKUT 378 (IAC) (27 September 2011)

This case was heard at the Upper Tribunal at Field House. The case considered paragraph 252D of the Immigration Rules and the adoptive children of refugees. Para 353 d


Shia/Sunni mixed marriages in Iraq and risk on return

EA (Sunni/Shi'a mixed marriages) Iraq CG [2011] UKUT 342 (IAC) (27 September 2011)

This Upper Tribunal case was heard on 6th May 2011 at Field House. Iraq
Consideration of Article 8 when dealing with deportation

A.A. v. the United Kingdom (no. 8000/08)

This case was heard at the European Court of Human Rights (Fourth Section) in Strasbourg. Article 8 cases


The seven year concession

Mine & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2337 (Admin) (09 September 2011

This case was heard at the Administrative Court on 9th September 2011. Seven year concession


Refusal of entry at port where entry clearance has been obtained

Khaliq (entry clearance; para 321) Pakistan [2011] UKUT 350 (IAC) (09 September 2011) Entry clearance


Domestic violence and discretionary leave to remain

Guzman-Barrios (domestic violence-DLR- Article 14 ECHR) Colombia [2011] UKUT 352 (IAC) (09 September 2011) Domestic violence


Mandatory grounds for refusal and material non disclosure

Ahmed (general grounds of refusal - material non disclosure) Pakistan [2011] UKUT 351 (IAC) (09 September 2011) Mandatory Refual


The role of the interpreter

Mohamed (role of interpreter) Somalia [2011] UKUT 337 (IAC) (21 July 2011)

This case was heard at the Upper Tribunal in North Shields on 5th May 2011.. Somalia case law


 

 

 

 

 

 

 

Dependant Other Family Members of EEA nationals

Moneke and others (EEA - OFMs) Nigeria [2011] UKUT 341 (IAC) (22 August 2011)

This Upper Tribunal case was heard on 14th June 2011 at Field House.  EEA Family memmbers


 

 

 

 

 

 

 

 

Other Family Members of EEA nationals

Ihemedu (OFMs - meaning) Nigeria [2011] UKUT 340 (IAC) (17 August 2011)  

This Upper Tribunal hearing took place on 16th May 2011 at Field House. The determination was promulgated on 17th August 2011. EEA case law


Article 8 and the Best Interests of the Child

E-A (Article 8 - best interests of child) Nigeria [2011] UKUT 315 (IAC) (22 July 2011):  A Nigerian couple and their two children appealed against a decision by the Secretary of State for the Home Department (SSHD) to refuse to extend their leave to remain in the UK, relying in particular on the recent Supreme Court judgement of ZH (Tanzania) [2011] UKSC 4 to argue that the best interests of the children had not been taken into account.  Article 8


Tier 2 Visas and Unlawful UKBA Guidance
Owolabi (Tier 2 - skilled occupations) Nigeria [2011] UKUT 313 (IAC) (18 July 2011): This case concerned a Nigerian appellant who came to the UK as a Highly Skilled Migrant in 2008.   Tier 2

Khalid & others (Ealing, West London and Hammersmith College) Pakistan [2011] UKUT 295 (IAC) (01 August 2011): This case concerned three appellants (Pakistani nationals) whose applications for Tier 1 (Post-Study Work) Leave to Remain in the UK had been refused by the Secretary of State for the Home Department (SSHD).  Post- Study Work

Kotecha & Anor, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2070 (Admin) (29 July 2011): The two applicants in this case were overstayers.  Both entered the UK legally but stayed after their leave to remain had expired.  Article 8


 

 

 

 

 

 

 

 

 

 

 

Detention _  Deportation within a reasonable period
FS v Secretary of State for the Home Department [2011] EWHC 1858 (QB) (19 July 2011): The claimant was an asylum seeker from Afghanistan,  Detention
Fresh claims _  evidence was produced few days beforedeportation
  MH (Algeria), R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 901 (26 July 2011): This was an appeal against the dismissal of a claim for judicial review of the decision which refused to treat the claimant’s application for asylum as a fresh claim under Rule 353 of the Immigration Rules.  Fresh cliams

Divorced women- illegitimate children: Bangladesh asylum claim

SA (Bangladesh) vs. Secretary of State for Home Department [2011]

This Upper Tribunal case was heard at Field House on the 29th and 30th of September 2010. Asylum cliam

Seven year child concession policy

Secretary of State for the Home Department v Rahman [2011] EWCA Civ 814 (15 July 2011)

This Court of Appeal case was heard on appeal from the High Court. The Court heard three cases arising from the withdrawal of the Secretary of State’s 7 year child concession policy (DP 5/96).

Definition of Jobseeker in European Community Law considered

Begum (EEA - worker - jobseeker) Pakistan [2011] UKUT 275 (IAC) (13 July 2011)

This Upper Tribunal case was heard on 22nd March 2011. EEA Law


Revocation of EEA residence card must be communicated

Nkrumah (OFM- annulment of residence permit) Ghana [2011] UKUT 163 (IAC) (12 July 2011)

This appeal was heard by the Upper tribunal on 25th February 2011. Recoction of EEA residence card
 

Al-Skeini and others v UK [7 July 2011] (application no. 55721/07):  This judgement from the European Court of Human Rights (ECtHR) found that the UK had an obligation to respect the human rights of Iraqi citizens in South East Iraq from May 2003 to June 2004 because the UK had assumed the responsibility of a sovereign state and carried out public authority duties.  Human Rights 

YT v Secretary of State for the Home Department [2011] EWCA Civ 736: The appellant in this case had applied for entry clearance to the UK in order to join his wife and their daughter.   Entry Clearance application

Ejifugha (Tier 4 - funds - credit) Nigeria [2011] UKUT 244 (IAC) (09 May 2011): A Nigerian couple had been refused further leave to remain in the UK.  Tier 4 Funds

Other Family Members/Extended Family Members applications for residence cards

TA & Ors (2006 Regs - reg 8) Nigeria [2011] UKUT 00253 (IAC) (28 June 2011)

This Upper Tribunal case was heard on 7th June 2011 at Field House.  Extended Family Members

Welfare of the child in deportation matters

Omotunde (best interests - Zambrano applied - Razgar) Nigeria [2011] UKUT 247 (IAC) (25 May 2011) 

This Upper Tribunal case was heard on 10th May 2011 at Field House.  Best interest of a child _Deporatation


 

 

 

 

 

 

 

 

 

 

 

 

Switching into dependant status before Statement of Changes in Immigration Rules

Singini (para 319C, switching to dependant category) Malawi (Rev 1) [2011] UKUT 248 (IAC) (25 May 2011)

This Upper Tribunal case was heard on 13th April 2011 at Field House.  Switching Immigration Rules

The sponsor’s savings can be used when assessing adequate maintenance in entry clearance applications under paragraph 281 and 301 of the Immigration Rules

Jahangara Begum & others (maintenance: savings) Bangladesh [2011] UKUT 246 (IAC) (14 June 2011)

This Upper Tribunal case was heard on 18th April 2011 in Bradford. Entry Clearance Applications
 

Overdraft facility accepted for the purposes of maintenance

Rana (PBS: Appendix C - overdraft facility) India [2011] UKUT 245 (IAC) (11 May 2011)

This Upper Tribunal case was heard on 3rd May 2011 at Field House.  PBS cases

Cambridge College of Learning cases: postgraduate certificates

Khan and Tabassum (CCOL: Postgraduate certificates) Bangladesh [2011] UKUT 249 (IAC) (08 June 2011)

This Upper Tribunal case was heard on 29th March 2011 at Field House.  Student case law


Control Orders

BG v Secretary of State for the Home Department [2011] EWHC 1478 (Admin)

This High Court case was heard on 13th June 2011 on appeal from the Special Immigration Appeals Commission (SIAC). The case concerned a challenge of the second renewal of a non-derogating control order under S. 10 of the Prevention of Terrorism Act 2005. Control Orders


 
Revocation of Tier 4 sponsor licence

 

Westech College, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1484 (Admin) (13 June 2011)

 

In October 2009, the claimant Westech College was granted a Tier 4 sponsor licence by the UKBA. Revocation of Tier 4 sponsor licence
 

 

Rule 13 bundle- entry clearance officers not complying with Tribunal directions

Cvetkovs (visa – no file produced – directions) Latvia [2011] UKUT 212 (IAC)

This Upper Tribunal case was heard on 17th May 2011 on an appeal from the First-tier tribunal.  The case concerned the refusal of a visit visa to visit a family member residence in the United Kingdomy. Entry clearance cases

 

Revocation of Tier 4 sponsor licence

Patel (revocation of sponsor licence - fairness) India [2011] UKUT 211 (IAC) (06 June 2011)

This Upper Tribunal case was heard on 17th May 2011 at Field House. The appellants are Indian nationals (husband and wife). The second appellant is a dependant on the first appellant (herein after referred to as “the appellant”).  Tier 4 cases

 


Tier 2 visa and policy guidance

R. (on the application of Alvi) v Secretary of State for the Home Department

This Court of Appeal case was heard on 9th June 2011 on appeal from the Queen’s Bench Division (Administrative Court). The case concerned the grant of leave to remain by the Secretary of State to a non-EEA economic migrant.  Tier 2 cases

 

 

 


RU (Bangladesh) v Secretary of State for the Home Department (SSHD) [2011] EWCA Civ 651:  RU is a Bangladeshi national who came to the UK in 1976, when he was 14.  Deportation of foreign  national in the interest of public order or safety
 

 


 

 

European Law principle of Equivalence

FA (Iraq) v Secretary of State for the Home Department [2011] UKSC 22 (25 May 2011)

This Supreme Court case was on appeal from the Court of Appeal and was heard on 23rd and 24th February 2011. Judgement was given on 25th May 2011. Iraq case law

 

 

Domestic workers can travel to the UK independently of their employers in certain circumstances in accordance with policy guidance

Ozhogina and Tarasova (deception within para 320(7B) - nannies) Russia/Russian Federation [2011] UKUT 197 (IAC) (24 May 2011). Domestic worker

 


AD (reporting criteria - unreported cases) Somalia [2011] UKUT 189 (IAC) (23 May 2011)
This Upper Tribunal case was heard recently at Field House. The case concerned the appellant, a Somali national who arrived in the UK on 2nd August 1997. Unrepored cases

 


Directions issued by Immigration Judge in Entry Clearance appeals

SP (allowed appeal directions) South Africa [2011] UKUT 188 (IAC) (17 March 2011)

This Upper Tribunal case was heard on 15th February 2011 at Field House. The case concerned an entry clearance matter and sections of the Nationality, Immigration and Asylum Act 2002. Entry Clearance appeals

 


Deportation orders on the basis of being conducive to public good  

AP (Trinidad & Tobago) v Secretary of State for the Home Department [2011] EWCA Civ 551 (12 May 2011)

This Court of Appeal case was on appeal from the Asylum and Immigration Tribunal. The appeal relates to AP who is a foreign criminal who was convicted and sentenced to 18 months imprisonment for a drugs offence.  Deportation orders

 

 


No need to prove former spouse was exercising treaty rights for continuous five years in order to establish retention of rights

Amos v Secretary of State for the Home Department [2011] EWCA Civ 552 (12 May 2011)

This case was heard in the Court of Appeal on appeal from the Upper Tribunal. Retention of rigts
60 day extension period for student extension applications

Patel (Tier 4 - no '60-day extension') India [2011] UKUT 187 (IAC) (13 April 2011)

This Upper Tribunal case was heard at Field House on 16th March 2011. The case concerned the appellant, an Indian national who arrived in the UK in September 2008. Tier 4 extension
 

 


VVT (LCPS: no post graduate diplomas) India [2011] UKUT 162 (IAC) (31st March 2011)

 

This case concerned VVT, an Indian citizen appealing before the First-tier Tribunal against the refusal of his application for permission to remain in the United Kingdom. LCPS: No post Graduate

 


BN (OFM- annulment of residence permit) Ghana [2011] UKUT 163 (IAC) (04 April 2011)

 

This case concerned an appeal before the Upper Tribunal (Immigration and Asylum Chamber) from one Mr. BN, regarding the refusal of his application for an EEA residence card.  annulment of residence permit

 


The consideration of established presence under Appendix C of the Immigration Rules

Molla (established presence - date of application) Bangladesh [2011] UKUT 161 (IAC) (03 May 2011

This case was heard at the Upper Tribunal on 5th November 2010. The case concerned a Tier 4 (General) applicant and the issue of “established presence”. established presence - date of application

 


 The Secretary of State for the Home Department (SSHD) was wrong to revoke a student’s leave to enter the UK on the basis that the circumstances in which leave was granted had changed, when the SSHD could not prove what were the original circumstances under which leave had been granted.      Student: ability to follow course

Time spent in prison to be disregarded for the purposes of permanent residence

SO (imprisonment breaks continuity of residence) Nigeria [2011] UKUT 164 (IAC) (07 April 2011

This Upper Tribunal case was heard on 24th March 2011 at Field House. The case considered whether time spent in prison could be taken into account for the purposes of long residence.  

 

 

Revocation of EEA residence card

HS (EEA: revocation and retained rights) Syria [2011] UKUT 165 (IAC) (13 April 2011)

This Upper Tribunal case was heard on 25th February 2011 at Field House. The case dealt with the issue of retention of rights under the Immigration (European Economic Area) Regulations 2006 (herein after referred to as the EEA regulations). Revocation of EEA residence card

 


 
Right to permanent residence under EU law

Okafor & Ors v Secretary of State for the Home Department [2011] EWCA Civ 499 (20 April 2011)

This Court of Appeal case was heard on 20th April 2011 on appeal from the Upper tribunal. The case concerned the issue of permanent residence of the family members of an EU national, where the EU national died before acquiring permanent residence. Right to permanent residence under EU law

 

Zimbabwean asylum case

RK (Zimbabwe) v Secretary of State for the Home Department [2011] EWCA Civ 456 (20 April 2011)

This Court of Appeal case was heard on 20th April 2011 (on appeal from the Asylum and Immigration Tribunal).  Zimbabwean asylum case

 

Reference to Luxembourg on point of EU law, disclosure and national security

ZZ v Secretary of State for the Home Department [2011] EWCA Civ 440 (19 April 2011)

This Court of Appeal case was heard on 19th April 2011 on appeal from the Special Immigration Appeals Commission (SIAC).   EU  Law , disclosure and national security

 


Judicial review action against the delay in issuing status documents

MD (China) & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 453 (18 April 2011)

This Court of Appeal case was heard on 18th April 2011. There are five claimants in this case, all of whom are successful asylum seekers and who suffered unacceptable delays in the issuing of their status papers to which they were entitled.    Delay in issuing status documents

 

Tier 4 rules regarding re-sitting exams and extensions of leave

RS (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 434

This Court of Appeal case was heard on 18th April 2011 against the decision of the Upper Tribunal decision promulgated on 2nd September 2010. Tier 4 cases

 


Principle of fairness and adequate opportunity to find a new Tier 4 sponsor

Thakur (PBS decision - common law fairness) Bangladesh [2011] UKUT 00151 (IAC)

This Upper Tribunal case was heard at Field House on 24th February 2011. The case concerned the decision of the Secretary of State for the Home Department’s (herein after referred to as the SSHD) to refuse the appellant, a Tier 4 general student migrant, leave to remain in the UK. Tier 4 sponsor
 

 

 

 


Zimbabwean asylum case remitted for further consideration

RM (Zimbabwe) v Secretary of State for the Home Department (Rev 1) [2011] EWCA Civ 428 (13 April 2011)

This appeal is brought by the Secretary of State for the Home Department (herein after referred to as the SSHD) against the determination of the respondent’s asylum appeal (made on 24th January 2008) and subsequent decisions. Zimbabwean asylum case


Tier 4 _ L icence suspended _ Article 1 of the First Protocol ECHR
 
New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 856 (Admin) (07 April 2011): A company which provided educational courses (the claimant) had applied to the UK Border Agency (UKBA) for a Tier 4 General (Student) Sponsor Licence.  This was to allow the company to enrol non-EEA, overseas students.
 
 

Sri Lanka _ asylum _ country guidance
 
MP (Sri Lanka) v Secretary of State for the Home Department [2011] EWCA Civ 362 (06 April 2011): This was an appeal by a Tamil national of Sri Lanka against a determination that he should not be granted asylum.  The appellant argued that the Immigration Judge (IJ) who had dismissed his appeal at a previous hearing had failed to consult the latest country guidance.  MP ( Sri Lanka)
 

 

Right of appeal _ public interest grounds
KP v Secretary of State for the Home Department (Deportation - Refusal of entry - Dismissed) [2011] UKSIAC 72/2009 (28 March 2011):  Did an appellant who had been excluded from the UK on public interest grounds have a right of appeal to the Special Immigration Appeals Commission (SIAC)?  Right of appeal

Human rights grounds (Article 8 ECHR; right to family life) in entry clearance applications
KG ( Gurkhas, overage dependants, policy) Nepal [2011]. Entry clearance

Detainee _ deportation _  regular reviews
Rozo-Hermida, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 695 (Admin) (23 March 2011):  Deportation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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