Case Law update : TR (CCOL cases) Pakistan [2011] UKUT 33 (IAC) (26 January 2011)
This was an Upper Tribunal case heard on 5th November 2010 at Field House. The appellant (the SSHD) had refused the claimant’s application for variation of leave to remain. Read more
Case Law update: SA (political activist – internal relocation) Iran [2011] UKUT 30 (IAC)
This is an Upper Tribunal case heard on 11th November 2010 at Field House. The appellant is Pakistani national who claimed asylum on the basis that his life would be at risk if returned to Pakistan. Read more
Joint Council for the Welfare of Immigrants, R (on the application of) v Secretary of State for the Home Department [2010]
In this case, two claims for judicial review were brought. Firstly, by the Joint Council for the Welfare of Immigrants (JCWI) to challenge the interim limits on the number of applicants for entry clearance that can be issued with a Tier 1 visa General visa under the points based system. Secondly, the English Community Care Association (ECCA) brought a challenge to the number of certificates of sponsorship that could be issued under the Tier 2 general category. Read More
High Court case law update
Suppiah & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2 (Admin) (11 January 2011)
This case concerned two claimants, a Malaysian national and her dependent children and a Nigerian national and her dependent child. Both the claimants’ were failed asylum seekers and were detained by UK Border Agency officers in dawn raids on their homes. They were taken to Yarl’s Wood detention centre for women and children. The children involved in the case were aged between 1 and 11. One of the children became sick whilst in detention. Read more
Case law update
MH (pending family proceedings- discretionary leave) Morocco [2010] UKUT 439 (IAC) (28 September 2010)
This was an Upper Tribunal case concerning a Moroccan national who was in the UK on a spousal visa under paragraph 281 of the Immigration Rules. His leave was curtailed by the home office on the basis that they were no longer satisfied that his marriage was subsisting, the marriage having broken down. Read More
PS (paragraph 320(11) discretion: care needed) India [2010] UKUT 440 (IAC) (28 September 2010)
This case concerned paragraph 320 of the immigration rules and its application. The appellant is an Indian national who entered the UK illegally in 2000 and claimed asylum His asylum claim was refused. The appellant later met his future spouse, a British Citizen. The appellant returned to India in September 2008 having left the UK voluntarily. His intention was to return to the UK by applying for the relevant spousal visa. His intention therefore, was to regularize his stay in the UK by the appropriate means. However, the entry clearance officer refused his application for entry under paragraph 281 of the Immigration Rules and paragraph 320 (11) of HC395. Read more
Returning documents where applications made under European Law
The UK Border Agency announced its plans to make changes in the way in which documents are returned for applications made under European law such as EEA1, EEA 2, EEA 3, EEA 4 and FMRS. Changes will take effect on or after Monday 17th January 2011. Documents will be returned by Royal Mail second class post unless the applicant wishes for it to be returned by recorded delivery in which case, they must provide a pre paid envelope. If a pre paid envelope is not provided, then the documents will be returned by 2nd class mail.
9th January 2011
Changes to the operational and enforcement guidance on detention and removals
The UKBA have made amendments to their enforcement instructions and guidance on removals and detention. In particular, chapter 31 which deals with enforcements visits, chapter 43 which deals with personal safety in enforcement work and chapter 61 which looks at arrest teams and operational procedures.
9th January 2011
Revised guidance on family members
On 5th January 2011, the UK Border Agency published a revised chapter on family members in their immigration directorate instructions. The revised sections relate to spouses, unmarried and same sex partners and civil partners and fiancé’s and proposed civil partners. The immigration directorate instructions are internal guidance for UK Border Agency staff which is published to the public under Freedom of Information commitments.
9Th January 2011
Case Law update: EEA _ permanent residence_ temporarily unable to work
FMB (EEA Regulations - reg 6(2) (a) - 'temporarily unable to work') Uganda [2010] UKUT 447 (IAC) (16 November 2010)
This case concerned the Secretary of State’s appeal against the decision of the Tribunal. The claimant had applied for a permanent residence card under Reg 15(1)(b) of the Immigration (European Economic Area) Regulations 2006. This was refused by the Secretary of State in their decision dated 17th February 2010. The claimant appealed and the appeal was allowed. The Secretary of State applied for permission to appeal which was granted. EEA Cases
UK Border Agency’s new guidance on detention
On 31st December 2010, the UK Border Agency announced that the guidance on detention has been revised. The guidance known as Immigration Directorate Instructions (chapter 31) and the enforcement instructions (chapter 55) guidance are an internal guidance for UK Border Agency staff relating to issues of detention.
The UK Border Agency also published an internal guidance for UK Border Agency staff on transferring or referring a case.
5th January 2011