“Every Pakistani student applying for a visa to come to study in Britain will face a compulsory interview with consular officials following a secret pilot study indicating that up to 40% could be ineligible. Theresa May, the home secretary, will soon announce that ‘bogus’ students will be blocked from entering Britain when the measures are introduced.”
The Guardian, 13th April 2012
Source: www.guardian.co.uk
“New immigration rules are to be introduced to make it more difficult for foreign criminals to resist deportation by invoking their right to a family life under the European convention on human rights.”
The Guardian, 8th April 2012
Source: www.guardian.co.uk
“A judge who stopped a case brought by two terror suspects in order to save money was in the wrong, the Appeal Court has ruled.”
Daily Telegraph, 4th April 2012
Source: www.telegraph.co.uk
“The Court of Appeal has considered the test for the second stage of appeal in immigration cases, when someone wishes to appeal from the Upper Tribunal to the Court of Appeal. The test requires showing that: ‘(a) the proposed appeal would raise some important point of principle or practice; or (b) there is some other compelling reason for the [Court of Appeal] to hear the appeal.’ ”
UK Human Rights Blog, 23rd March 2012
Source: www.ukhumanrightsblog.com
Mohamed (Azza) v Secretary of State for the Home Department [2012] EWCA Civ 331; [2012] WLR (D) 92
“The use of the superlative form in the phrase “the most exceptional compassionate circumstances” in paragraph 317(i)(e) of the Statement of Changes in Immigration Rules (1994) stressed how extreme such circumstances had to be in order for an applicant to be granted indefinite leave to enter or remain in the United Kingdom as the parent or grandparent aged under 65 of a person settled in the United Kingdom. The requirement was not met even where the financial dependency which qualified such a relative for entry was the factor which prevented his or her circumstances from being such exceptional circumstances.”
WLR Daily, 20th March 2012
Source: www.iclr.co.uk
“The former head of the UK Border Force who resigned over last year’s security row has reached an out-of-court settlement with the Home Office in which neither side admits any liability or wrongdoing.”
The Guardian, 16th March 2012
Source: www.guardian.co.uk
“Today, Thursday 15 March 2012, a written ministerial statement has been laid in Parliament outlining a number of changes to the Immigration Rules. Most of the changes will come into effect on 6 April 2012. Some of the changes to Tier 2 will affect those who were granted leave after 6 April 2011.”
UK Border Agency, 15th March 2012
Source: www.ukba.homeoffice.gov.uk
“The Court of Appeal has ruled that there is no ‘near miss’ principle in the application of the Immigration Rules. People who miss the five years’ continuous residence requirement – even if by two weeks – will not have met the rules. There is no exception.”
UK Human Rights Blog, 14th March 2012
Source: www.ukhumanrightsblog.com
Regina v Kapoor and others [2012] EWCA Crim 435; [2012] WLR (D) 72
“For the purposes of section 25(1)(2) of the Immigration Act 1971, as substituted, an ‘immigration law’ was a law which determined whether a person was lawfully or unlawfully either entering the United Kingdom, or in transit or being in the United Kingdom and did not include section 2 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 which made it an offence for a person not to have with him at a leave or asylum interview an immigration document which was in force and satisfactorily established his identity and nationality or citizenship.”
WLR Daily, 9th March 2012
Source: www.iclr.co.uk
W (Algeria) and others v Secretary of State for the Home Department [2012] UKSC 8; [2012] WLR (D) 69
“The Special Immigration Appeals Commission (‘SIAC’) could make an irrevocable non-disclosure order, without notice to the Secretary of State, where a witness, fearing reprisals, required an absolute and irreversible guarantee of confidentiality as a precondition to giving evidence relating to an appellant’s safety on return.”
WLR Daily, 7th March 2012
Source: www.iclr.co.uk
Miah and others v Secretary of State for the Home Department [2012] EWCA Civ 261; [2012] WLR (D) 68
“There was no ‘near-miss’ principle in relation to immigration policy such that there was no presumption that those falling just outside the policy should be treated as though they were within it or given special consideration for that reason.”
WLR Daily, 7th March 2012
Source: www.iclr.co.uk
Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260; [2012] WLR (D) 67
“The Secretary of State had discretionary power to serve a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 although failure to serve did not render an immigration decision unlawful.”
WLR Daily, 7th March 2012
Source: www.iclr.co.uk
“The ‘Communicating with the Home Office in Family Proceedings’ protocol enables the family courts to communicate with the Home Office (UK Borders Agency and Identity and Passport Service) to obtain immigration, visa and passport information for family court proceedings.”
Judiciary of England and Wales, 1st March 2012
Source: www.judiciary.gov.uk
“From today the Border Force and the UK Border Agency will begin operating separately.”
Home Office, 1st March 2012
Source: www.homeoffice.gov.uk
“Tougher rules for migrant workers on temporary work visas will mean only the brightest and best can apply to settle in the UK. Immigration Minister Damian Green today announced new settlement rules that will break the link between migrants coming here to work and staying forever. The amount of time they can stay will now be capped at six years to prevent temporary work routes being abused.”
Home Office, 29th February 2012
Source: www.homeoffice.gov.uk
“More than 40,000 skilled migrants a year are to lose their right to work beyond five years in Britain, in a move towards creating a temporary ‘guestworker’ migrant labour force in the UK. The home secretary, Theresa May, will tell MPs on Wednesday that she is breaking the link between migration and settlement for the first time, by taking away the right to remain in Britain for more than five years from any migrant worker earning less than £35,000 a year.”
The Guardian, 29th February 2012
Source: www.guardian.co.uk
“Immigration Minister Damian Green announced the expansion of the Biometric Residence Permits (BRPs) system to help tackle immigration abuse by proving a person’s right to work or access services in the UK.”
Home Office, 27th February 2012
Source: www.homeoffice.gov.uk
“This was the first occasion when the Court of Appeal has considered the problem of child trafficking for labour exploitation. It has not previously been subject to any close analysis following the coming into force in 2005 of the European Convention on Action against Trafficking in Human Beings.”
UK Human Rights Blog, 22nd February 2012
Source: www.ukhumanrightsblog.com
Regina v N(A); Regina v Le [2012] EWCA Crim 189; [2012] WLR (D) 38
“The implementation of the United Kingdom’s obligation to comply with article 26 of the Council of Europe Convention on Action Against Trafficking in Human Beings 2005 would normally be achieved by the proper exercise of the long established prosecutorial discretion which enabled the Crown Prosecution Service, however strong the evidence might be, to decide that it would be inappropriate to proceed with the prosecution of a defendant suspected of being involved in unlawful activities if he/she might have been the victim of trafficking for labour exploitation and might be unable to advance duress as a defence but who fell within the protective ambit of article 26.”
WLR Daily, 20th February 2012
Source: www.iclr.co.uk
MM (Zimbabwe) v Secretary of State for the Home Department: [2012] EWCA Civ 135; [2012] WLR (D) 36
” ‘Conspicuous unfairness’ was not a free standing ground in an immigration case on which a court could act in the absence of unlawful action on the part of the Home Secretary.”
WLR Daily, 24th January 2012
Source: www.iclr.co.uk
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