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| Case Law Bulletins Archive _ 3 |
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An appeal cannot be allowed simply because some findings of fact are made in favour of the appellant if those findings do not entitle him for leave to remain in accordance with Immigration Rules
Mushtaq (clarity of judge's decision) Pakistan [2011] UKUT 122 (IAC) (28 March 2011)
Good attendance does not necessarily mean satisfactory progress in a student appeal
VB (Student-attendance and progress not equated) Jamaica [2011] UKUT 119 (IAC) (28 March 2011)
Post Study Work- requirements imposed under Immigration Rules (Appendix A, Table 9) relate to the status of the institution at the time of study
Adubiri-Gyimah and others (Post-study work - Listed institution) Ghana [2011] UKUT 123 (IAC) (28 March 2011)
UKBA revocation of a Tier 4 licence justified
San Michael College Ltd, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 642 (Admin) (18 March 2011)
This High Court appeal was heard on 18th March 2011. The claimant was San Michael College who’s Tier 4 sponsorship licence had been suspended by the defendant Secretary of State for the Home Department (herein after referred to as the SSHD)....Tier 4 cases
The deprivation of British nationality
Halil Al-Jedda v Secretary of State for the Home Department (Deprivation of citizenship - Substantive - Dismissed) [2010] UKSIAC 66/2008 (26 November 2010)
Secretary of State for the Home Department v Abdi [2011] EWCA Civ 242 (09 March 2011)
Rangwani, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 516 (Admin) (9 March 2011)
UK delivers latest decision on Zimbabwe country guidance case
EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC)
This case was heard on 14th January 2011 at Field House by the Upper Tribunal. The case replaced the decision in RN (Returnees) Zimbabwe CG 2008 UKAIT 00083...EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC)
Permission to work in the UK for asylum seekers
Mohamud, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 573 (Admin) (14 March 2011)
This High Court case considered the issue whether, an applicant who was granted permission to work whilst awaiting a decision on his fresh claim, and who is subsequently refused, is still allowed to work or seek employment....Mohamud, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 573
Deception used in post study work application
FW v Secretary of State for the Home Department [2011] EWCA Civ 264 (14 March 2011)
This is a Court of Appeal case against the decision of the Upper Tribunal.
The appellant arrived in the UK in January 2007 as a student. He extended his leave to remain on multiple occasions until June 2009 when he applied for a variation of leave to remain under the Tier 1 Post Study Work category.. FW v Secretary of State for the Home Department
Permanent Right of Residence under the EEA Regulations requires continuous residence of 5 years
The case of EN (Continuity of residence – family member) Nigeria [2011] UKUT 55 (IAC)
This case was heard at the Upper Tribunal at Field House on the 1st of November 2010. The Tribunal considered the decision of the First Tier Tribunal dismissing the appellants appeal against the respondent’s decision to refuse him permanent residence. EN (Continuity of residence – family member) Nigeria [2011] UKUT 55 (IAC)
PM (EEA – spouse –“residing with”) Turkey [2011] UKUT 89 (IAC): The Turkish wife of an Italian national had been living in the UK for five years, initially with her husband and their baby. She was given residence as the spouse of an EEA national for five years. Before that period was up, the couple had started living separately. The question was whether the wife retained her right to permanent residence.PM (EEA – spouse –“residing with”) Turkey [2011] UKUT 89 (IAC)
KK and others (Nationality: North Korea) Korea CG [2011] UKUT 92 (IAC): This case concerned whether three appellants, originally from North Korea (DPRK), could lawfully be removed from the UK to South Korea (ROK).
High Court considers State liability and permission to work whilst awaiting a decision on a fresh claim Negassi, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 386 (Admin)
Generalised or indiscriminate violence not high enough to warrant the grant of humanitarian protection
AM (Evidence – route of return) Somalia [2011] UKUT 54 (IAC)
The appellant, a Somali citizen, appeals against the determination of the First-Tier Tribunal dismissing his appeal against the respondent’s decision of 13 January 2010 to make a deportation order against him following his conviction of possessing a false identity document with intent for which he was sentenced to twelve months’ imprisonment. AM (Evidence – route of return) Somalia [2011] UKUT 54 (IAC)
Extended family members of EEA nationals
MR and ors (EEA extended family members) Bangladesh [2010] UKUT 449 (IAC)
No breach of Article 3 for a seriously ill person requiring continual treatment in the UK
The case of : GS (Article 3 – health – exceptionality) India [2011] UKUT 35 (IAC)
Removal on prolonged or indefinite hold unjustifiable
R (Mirza & Ors) v SSHD [2011] EWCA Civ 159
This Court of Appeal case was heard on 23rd February 2011. The appellant is a Jamaican national who arrived in the UK with her daughter on 15th September 2001. Her husband entered the UK the following day. They were all granted leave to enter until 14th October 2001... R (Mirza & Ors) v SSHD [2011] EWCA Civ 159
Failure to issue a removal decision for overstayers is not contrary to legislation
Daley- Murdock, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 161 )
False documents used in Tier 1 general application:
EEA national_ Permanent residence _ temporarily unable to work
FMB (EEA Regulations - reg 6(2) (a) - 'temporarily unable to work') Uganda [2010] UKUT 447 (IAC) EEA cases
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