IR (Sri Lanka) v Secretary of State for the Home Department; GT (Libya) v Same; AN (Pakistan) v Same; AK (Pakistan) v Same – WLR Daily

Posted June 24th, 2011 in appeals, deportation, human rights, immigration, law reports by sally

IR (Sri Lanka) v Secretary of State for the Home Department; GT (Libya) v Same; AN (Pakistan) v Same; AK (Pakistan) v Same [2011] EWCA Civ 704; [2011] WLR (D) 206

“In national security deportation and exclusion cases before the Special Immigration Appeals Commission foreign nationals were entitled to the standard of procedural fairness contained in the Special Immigration Appeals Commission (Procedure) Rules 2003, neither more nor less.”

WLR Daily, 21st June 2011

Source: www.iclr.co.uk

Immigration detainees held for ‘excessively long’ periods – watchdog – The Guardian

Posted June 17th, 2011 in detention, immigration, news by sally

“Ministers have been warned by an official immigration watchdog of the ‘excessively long’ periods, including cases of more than three years, that detainees are being held at Europe’s largest removal centre.”

Full story

The Guardian, 17th June 2011

Source: www.guardian.co.uk

Next set of changes to student visa rules is announced – UK Border Agency

Posted June 14th, 2011 in education, immigration, news, regulations, visas by sally

“The next set of changes to the Immigration Rules affecting Tier 4 – the student tier – of the points-based system has been laid in Parliament today. The changes will come into effect on 4 July 2011.”

Full story

UK Border Agency, 13th June 2011

Source: www.ukba.homeoffice.gov.uk

Regina (Alvi) v Secretary of State for the Home Department – WLR Daily

Posted June 13th, 2011 in appeals, immigration, judicial review, law reports by sally

Regina (Alvi) v Secretary of State for the Home Department [2011] EWCA Civ 681;  [2011] WLR (D)  190

“When deciding whether to grant leave to remain in the United Kingdom to a non-EEA economic migrant it was not open to the Secretary of State to treat the certificate of sponsorship issued by the migrant’s employer as invalid in reliance on the fact that the migrant’s job fell below the relevant NVQ/SVQ level specified in a separate document published on the UK Border Agency’s website after the laying before Parliament pursuant to section 3(2) of the Immigration Act 1971 of a Statement of Changes in the Immigration Rules; it was the obligation of the Secretary of State to specify the threshold for skilled occupations in the Immigration Rules themselves.”

WLR Daily, 9th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Views on settlement for non-EU workers needed – Home Office

Posted June 13th, 2011 in consultations, immigration, migrant workers, news, visas by sally

“Migrants coming to work on temporary visas will no longer be able to apply for permanent settlement, under proposals announced today. The current system has meant that almost anyone who has been working in the UK for five years is eligible to apply to stay permanently. Launching a public consultation on reforms to the work routes leading to settlement today, the immigration minister also set out plans to re-classify visas as either ‘temporary’ or ‘permanent’ and introduce stricter criteria for those who want to stay.”

Full press release

Home Office, 9th June 2011

Source: www.homeoffice.gov.uk

Regina (HRH Sultan of Pahang) v Secretary of State for the Home Department – WLR Daily

Posted May 31st, 2011 in appeals, immigration, law reports, state immunity by sally

Regina (HRH Sultan of Pahang) v Secretary of State for the Home Department [2011] EWCA Civ 616; [2011] WLR (D) 183

“The question of who was a head of state such as to attract state immunity was a matter for the Secretary of State for Foreign and Commonwealth Affairs and not for the court. A certificate issued by the Secretary of State under section 21 of the State Immunity Act 1978 was conclusive evidence of the status of a territory for the purposes of Part I of the 1978 Act. The certificate was the only proper means by which the court could, for the purposes of the common law where it continued to apply, inform itself of a territory’s status and of the identity of the head of state.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Kambadzi) v Secretary of State for the Home Department [On appeal from Regina (SK (Zimbabwe)) v Secretary of State for the Home Department] – WLR Daily

Posted May 26th, 2011 in deportation, detention, immigration, law reports, Supreme Court by sally

Regina (Kambadzi) v Secretary of State for the Home Department [On appeal from Regina (SK (Zimbabwe)) v Secretary of State for the Home Department] [2011] UKSC 23; [2011] WLR (D) 175

“In addition to complying with the statutory requirements for detaining a foreign national who was awaiting deportation from the United Kingdom, the Secretary of State was also required to comply with the published Home Office policy relating to the detention of such persons. A failure to conduct regular reviews as required by the published policy rendered the continued detention of a foreign national unlawful so as entitle him to damages for false imprisonment.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Home Office falsely imprisoned sex offender – The Guardian

Posted May 25th, 2011 in detention, false imprisonment, immigration, news by sally

“The Home Office falsely imprisoned a convicted sex offender in immigration detention for two years because of a failure to carry out regular reviews, a court has ruled.”

Full story

The Guardian, 25th May 2011

Source: www.guardian.co.uk

Immigration appeal system tightened – The Independent

Posted May 20th, 2011 in appeals, immigration, news by sally

“Migrants from outside the EU who want to stay in the UK will be banned from using the appeals system as a cheap second chance to supply evidence they should have used in their original application, the immigration minister said today.”

Full story

The Independent, 20th May 2011

Soruce: www.independent.co.uk

Okafor v Secretary of State for the Home Department – WLR Daily

Posted May 3rd, 2011 in appeals, immigration, law reports by sally

Okafor v Secretary of State for the Home Department [2011]EWCA Civ 499; [2011] WLR (D) 146

“Where a EU citizen resident in the United Kingdom had died before acquiring a right to permanent residence her family members did not have rights to permanent residence simply by having resided for five years under a lawful residence permit. If a person no longer had a right to reside in the United Kingdom, the fact that the Secretary of State had not cancelled the document which initially granted that right could not establish a right of lawful residence under national law.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

British courts regain power to deport terrorist suspects – Daily Telegraph

Posted April 28th, 2011 in asylum, deportation, human rights, immigration, news, terrorism by sally

“British courts yesterday won back the power to deport terrorist suspects, criminals and failed asylum seekers after European judges were told to stop interfering.”

Full story

Daily Telegraph, 27th April 2011

Source: www.telegraph.co.uk

New rules for migrant church weddings – Daily Telegraph

Posted April 12th, 2011 in fraud, immigration, licensing, marriage, news by sally

“The tradition of reading church banns is to be dropped for migrant weddings as part of a new drive to combat bogus marriages.”

Full story

Daily Telegraph, 12th April 2011

Source: www.telegraph.co.uk

LSB assumes an oversight role in the regulation of immigration advice and services –

Posted April 4th, 2011 in immigration, Legal Services Board, news by sally

“The Legal Services Board (LSB) has today (1 April) assumed a new responsibility under the Legal Services Act 2007. Commencement of Schedule 18 of the Act sees the LSB take on regulatory oversight for immigration advice and services provided by lawyers authorised by Approved Regulators.”

Full story

Legal Services Board, 1st April 2011

Source: www.legalservicesboard.org.uk

Uxbridge legal adviser is jailed over immigration fraud – UK Border Agency

Posted April 1st, 2011 in fraud, immigration, press releases, sentencing, visas by sally

“”An immigration advisor has been jailed for 6 years for helping submit fraudulent visa applications, following an investigation by the UK Border Agency’s West London immigration crime team.”

Full press release

UK Border Agency, 31st March 2011

Source: www.ukba.homeoffice.gov.uk

Mohammed and others v Home Office – WLR Daily

Posted March 31st, 2011 in appeals, duty of care, immigration, law reports, negligence by sally

Mohammed and others v Home Office [2011] EWCA Civ 351;  [2011] WLR (D)  112

“The Home Office did not owe a common law duty of care to claimants applying for indefinite leave to remain for maladministration.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Daniyal Shahzad to be deported to Pakistan after lies – BBC News

Posted March 31st, 2011 in deceit, deportation, immigration, news by sally

“A teenager will be deported to his home country of Pakistan after lying about his past in a bid for UK residency.”

Full story

BBC News, 30th March 2011

Source: www.bbc.co.uk

Regina (MK (Tunisia)) v Secretary of State for the Home Department – WLR Daily

Posted March 30th, 2011 in appeals, immigration, law reports by sally

Regina (MK (Tunisia)) v Secretary of State for the Home Department [2011] EWCA Civ 333; [2011] WLR (D) 106

“A claimant whose leave to remain in the country was cancelled while he was out of the country did not thereby lose his in-country right of appeal, and he could therefore return to exercise that right of appeal against the cancellation.”

WLR Daily, 25th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sheffield wedding party sentenced – UK Border Agency

“A wedding party arrested in Sheffield city centre last September as part of a nationwide crackdown have been jailed.”

Full press release

UK Border Agency, 22nd April 2011

Source: www.ukba.homeoffice.gov.uk

Government outlines overhaul of student visas – UK Border Agency

Posted March 23rd, 2011 in education, immigration, news, visas by sally

“Tougher entrance criteria, limits on work entitlements and the closure of the post-study work route are among the changes to the student visa system announced today by Home Secretary Theresa May.”

Full story

UK Border Agency, 22nd March 2011

Source: www.ukba.homeoffice.gov.uk

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same – WLR Daily

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same [2011] EWCA Civ 276; [2011] WLR (D) 97

“A claimant in a claim for judicial review was entitled to an oral hearing even where the claims were academic.”

WLR Daily, 17th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.