Asylum

In a landmark decision issued on 25 July 2008 the European Court of Justice’s Grand Chamber has found that the people married to or in a civil partnership with a citizen of the European Union (the “EU”), and who are not themselves EU citizens, must be allowed to remain in their spouse or partner’s home country.  

In its consultation document entitled Fair decisions; faster justice (dated 21-8-2008) the UKBA has indicated its determination to tackle what it sees as “the heavy burden being placed upon the higher courts by the immigration system”

The government yesterday published a draft version of its immigration and citizenship Bill.  Back in February we reported the government’s Green Paper Path to Citizenship.  The consultation period announced then closed at the end of May.   The Bill’s consultation period now begins.  If the timetable announced in February is met the Bill will commence its passage through parliament at the end of this year. 

In B v Secretary of State for the Home Department [2008] UKHL 39 (one of four highly significant judgments issued by the House of Lords’ Appellate Committee on 25-6-2008) the issue was whether when somebody appeals against a decision to remove him or her from the UK and says that the decision violates his right to respect for family life protected by Article 8 of the European Convention on Human Rights (the “ECHR”) – is the effect of his removal on other members of his family relevant to the question of whether the decision is contrary to Article 8?  

Unlike other court hearings, when the witnesses in an immigration appeal have finished giving their evidence and the lawyers have completed their submissions to the Immigration Judge, the Judge generally “reserves” his or her judgment, which is called a  “determination”.   The determination is then dictated by the judge, typed up by the Asylum and Immigration Tribunal’s staff, and sent simultaneously to the Appellant and to the United Kingdom Border Agency (the “UKBA”).  (In appeals against the refusal of asylum there are special procedures whereby the determination is served by the UKBA on the Appellant).