AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) – Supreme Court
Supreme Court, 18th December 2013
Category: immigration
AA (Somalia) v Entry Clearance Officer – WLR Daily
AA (Somalia) v Entry Clearance Officer [2013] UKSC 81; [2013] WLR (D) 499
‘Paragraph 352D of the Statement of Changes in Immigration Rules (1994) (HC 394), as amended and inserted, which provided for the grant of leave to enter to the “child of a parent” who had been admitted to the United Kingdom as a refugee, did not extend to a child for whom a family member had taken responsibility under the Islamic procedure of “kafala” and whose “adoption” did not fall within the meaning of paragraphs 6 and 309A of the Rules.’
WLR Daily, 18th December 2013
Source: www.iclr.co.uk
Isa Muazu loses legal battle after starving self – BBC News
‘A Nigerian asylum seeker who starved himself for three months has lost his legal bid to stay in the UK.’
BBC News, 17th December 2013
Source: www.bbc.co.uk
Regina (TN (Afghanistan)) v Secretary of State for the Home Department; MA (Afghanistan) v Same – WLR Daily
‘Claimants who had unsuccessfully sought asylum and were granted at the age of 16½ discretionary leave to remain until they reached the age of 17½ had an effective remedy in judicial review to challenge the initial rejection of their asylum claims.’
WLR Daily, 12th December 2013
Source: www.iclr.co.uk
Man who tried to commit suicide by running into wall loses damages case over broken spine – The Independent
‘A man who broke his spine when he tried to commit suicide by running head first into a concrete wall while in detention awaiting deportation has lost his High Court damages action.’
The Independent, 11th December 2013
Source: www.independent.co.uk
Abdullahi v Bundesasylamt – WLR Daily
Abdullahi v Bundesasylamt (Case C-394/12); [2013] WLR (D) 481
‘According to article 19(2) of Council Regulation (EC) No 343/2003 of 18 February 2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national (OJ 2003 L50, p 1)), in circumstances where a member state had agreed to take charge of an applicant for asylum on the basis of the criterion laid down in article 10(1) of the Regulation—namely, as the member state of the first entry of the applicant for asylum into the European Union—the only way in which the applicant could call into question the choice of that criterion was by pleading systemic deficiencies in the asylum procedure and in the conditions for the reception of applicants for asylum in that member state, which provided substantial grounds for believing that the applicant for asylum would face a real risk of being subjected to inhuman or degrading treatment within the meaning of article 4 of the Charter of Fundamental Rights of the European Union.’
WLR Daily, 10th December 2013
Source: www.iclr.co.uk
What use is a Zambrano right of residence? – NearlyLegal
‘A couple of years ago a lot of lawyers practising in housing, immigration and welfare benefits got very excited by the case of Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09. The reason for this excitement was that the ECJ said that art.20, of the Treaty, required member states to grant a right of residence to a third country national, who was the primary carer of an EU national, if a refusal to would result in the EU national being forced to leave the EU..More excitingly, this applied to EU nationals who had not left their member state, i.e. it would apply to the parents of British nationals.’
NearlyLegal, 9th December 2013
Source: www.nearlylegal.co.uk
Statement of changes in immigration rules – Home Office
‘This WMS was laid in Parliament on 9 December 2013, and delivered in the House of Commons by Theresa May and in the House of Lords by Lord Taylor of Holbeach.’
Home Office, 9th December 2013
Source: www.gov.uk/home-office
Boat race protester Trenton Oldfield wins appeal against deportation – The Guardian
“Trenton Oldfield, an Australian protester who leapt into the Thames to disrupt the Oxford versus Cambridge boat race, will not be sent back to Australia, an immigration judge has said.”
The Guardian, 9th December 2013
Source: www.guardian.co.uk
Pokhriyal v Secretary of State for the Home Department Hussain v Same – WLR Daily
‘Paragraph 120B of Appendix A to the Statement of Changes in Immigration Rules did not require that an academic institution accepting students from abroad for continuing studies under the points based system should expressly state that a proposed course constituted academic progress. The mere issue of a certificate of acceptance for studies constituted an assertion to that effect.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
Continued detention pending removal of failed asylum seeker on hunger strike not unlawful – UK Human Rights Blog
‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’
UK Human Rights Blog, 6th December 2013
Source: www.ukhumanrightsblog.com
Woman with IQ of 49 ‘was targeted for sham marriage’ – The Independent
‘A young woman with learning difficulties was “deliberately targeted” for a sham marriage to bolster a man’s immigration case, a High Court judge has ruled.’
The Independent, 3rd December 2013
Source: www.independent.co.uk
Zoumbas v Secretary of State for the Home Department – WLR Daily
Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458
“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”
WLR Daily, 27th November 2013
Source: www.iclr.co.uk
Zoumbas (Appellant) v Secretary of State for the Home Department – Supreme Court
Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)
Supreme Court, 27th November 2013
Court rejects claim council owed duty to use general power of competence – Local Government Lawyer
‘The High Court has dismissed a claimant’s argument that a London borough had a duty to use the general power of competence to provide her with accommodation and subsistence support.’
Local Government Lawyer, 26th November 2013
Source: www.localgovernmentlawyer.co.uk
On families, powers and duties to accommodate – NearlyLegal
‘R (on the application of MK) v Barking and Dagenham London Borough Council. A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.’
NearlyLegal, 26th November 2013
Source: www.nearlylegal.co.uk/blog/
EU migrants: David Cameron sets out more benefit restrictions – The Guardian
‘David Cameron made a fresh effort to assuage public concern about a wave of migration from Bulgaria and Romania on Tuesday when he announced a series of benefit restrictions on all EU migrant workers, including a ban on access to housing benefit for all new arrivals and a three-month ban before jobseeker’s allowance can be claimed.’
The Guardian, 27th November 2013
Source: www.guardian.co.uk
Regina (Ignaoua) v Secretary of State for the Home Department – WLR Daily
‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’
WLR Daily, 21st November 2013
Source: www.iclr.co.uk
Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same – WLR Daily
‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’
WLR Daily, 20th November 2013
Source: www.iclr.co.uk
