immigration – Page 71 – Current Awareness

Regina v Boateng – WLR Daily

Posted March 21st, 2016 in appeals, immigration, news, passports, possession of false identity documents by tracey

Regina v Boateng; [2016] EWCA Crim 57

‘The defendant. a Ghanaian national, held a non-European Union passport. His wife, also a Ghanaian national, assumed the identity of a deceased Ghanaian national, who had had Dutch citizenship, and obtained a Dutch identification card and a Dutch passport under that false identity. The defendant and his wife had an infant daughter. On the false premise that he and the daughter were entitled to reside in the United Kingdom by virtue of his wife’s falsely assumed status as a European Union national, the defendant obtained residence cards, each in the form of a Home Office stamp in a non-European Union passport, for himself and the daughter. On three occasions the defendant used his passport, containing the residence card stamp, to enter the United Kingdom, and on one occasion he used it to open a bank account in there. The defendant and his wife were charged with various immigration and documentation offences. The defendant pleaded guilty to eight counts, charged as follows: (i) seeking or obtaining leave to enter or remain in the UK by the deception of applying to the Home Office for a residence card for himself (count 2) and for a certificate of naturalisation (count 12), contrary to section 24A(1)(a) of the Immigration Act 1971; (ii) facilitating the commission of a breach of section 10(1)(c) of the “Immigration Act 1999” by obtaining leave for his daughter to enter or remain in the UK by the deception of applying to the Home Office for a residence card for her, contrary to section 25(1) of the 1971 Act (count 3); (iii) possessing false identity documents with intent, contrary to section 25(1) of the Identity Cards Act 2006 (counts 4 to 7); and (iv) being in possession or control with intent of an identity document, namely a British passport in his own name that he knew or believed to have been improperly obtained in February 2012, contrary to section 4 of the Identity Documents Act 2010 (count 13).’

WLR Daily, 16th March 2016

Source: www.iclr.co.uk

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

Posted March 15th, 2016 in appeals, immigration, law reports, visas by sally

Secretary of State for the Home Department v Khan [2016] EWCA Civ 137

‘The applicant, a Pakistani national, entered the United Kingdom with leave to remain. On 20 February 2012, before the expiry of his leave, he applied under section 3C of the Immigration Act 1971 for further leave to remain as a Tier 4 student, intending to study at a particular college which at that time was a registered licensed sponsor. However, by the time the United Kingdom Border Agency came to consider his application, the licence of his sponsoring college had been revoked. The agency suspended consideration of the application to enable the applicant to find a new sponsor and then submit an application to vary the grounds of his original application for further leave to remain, which the applicant did on 9 October 2012. Paragraph 34E of the Statement of Changes in Immigration Rules provided that if a person wished to “vary the purpose” of an application for leave to remain, the variation had to comply with the requirements for making an application as if the variation were a new application, or the variation would be invalid. The agency refused the applicant’s application to vary the grounds of his original application since, on 9 October 2012, he did not satisfy the requirements of paragraph 1A(a) of Appendix C to the Immigration Rules, which provided that an applicant had to have a certain level of maintenance funds “at the date of the application”. The applicant’s appeal against that decision was allowed by the First-tier Tribunal. The Upper Tribunal dismissed the Secretary of State’s appeal, holding that paragraph 34E did not apply in the applicant’s case since the applicant had not sought to vary the “purpose” of his application, which throughout had remained the same, namely to remain as a Tier 4 student; and that, therefore, the applicant had not been obliged to meet the maintenance fund requirements on 9 October 2012.’

WLR Daily, 18th March 2016

Source: www.iclr.co.uk

Government suffers two defeats in Lords on Immigration Bill – BBC News

Posted March 10th, 2016 in bills, employment, immigration, news, parliament, Sunday trading by sally

‘The government has twice been defeated in the Lords over its Immigration Bill, shortly after losing a vote in the Commons on Sunday trading.’