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One of Gherson’s partners -  Neil Micklethwaite -  has commented in theTimes on the likely increase of claims against investment banks by hedge funds and others.  The article which appeared in the Times on 18 February 2008 describes such impending actions against big banks as breaking one of the legal profession’s greatest unwritten rules. 

Two recent decisions - GK (Long residence –immigration history) Lebanon [2008] UKAIT 00011 (18-2-2008) in the Asylum and Immigration Tribunal and Belkacem Aissaoui v Secretary of State [2008] EWCA Civ 37 (7-2-2008)  provide valuable guidance as to the proper interpretation of the immigration rules relating to the grant of indefinite leave to remain in the UK on the basis of somebody’s long residence here. 

On 6 February 2008 the government published the latest statement of changes in the immigration rules.  As expected the rules establish the new regime under which Tier one – the highly skilled tier of the points based system - will be implemented.  The regime commences on 29 February 2008, when any highly skilled foreign national who is currently working in the United Kingdom will have to apply under the new rules for an extension of their stay.  From 1 April 2008 highly skilled people in India wishing to enter the UK in that category will have to apply to enter the UK under the provisions of the new rules. By the summer the rules will apply to all highly skilled applicants for entry anywhere in the world.

In a determination demonstrating the Immigration Judge’s inspired interpretation of international refugee law a client of Gherson has succeeded in his appeal against the Secretary of State’s refusal to vary his leave to remain to that of a refugee.   

In KG (Sri Lanka) and AK (Sri Lanka) [2008] EWCA Civ 13 (25 January 2008) the Court of Appeal considered Article 3 (2) of Council Directive 2004/38/EC.  The entire Directive has been implemented into the domestic law of the United Kingdom by the Immigration (European Economic Area) Regulations 2006.  

In SB (PSG - Protection Regulations – Reg 6) Moldova CG [2008] UKAIT 00002 the Asylum and Immigration Tribunal had to decide whether the Appellant, a young Moldovan woman who had been trafficked into the United Kingdom was a refugee because she was a member of a “particular social group” (“PSG”).  She was trafficked so that she could be sexually exploited in the UK. 

This morning (14 January 2008) the immigration minister Liam Byrne announced that everyone applying for a visa to come to the United Kingdom will be required to provide his or her fingerprints.  This obligation will be enforced immediately. 

The Highly Skilled Migrant Programme (HSMP) was introduced in January of 2002.  It enabled skilled and experienced workers from overseas to obtain entry to the United Kingdom, with a route to settlement in the UK.    The eligibility of people for entry was established by the awarding of points against a range of criteria, in particular each applicant’s work experience and qualifications in his or her country of origin.  At that time it operated as a policy outside the immigration rules, but in April of 2003 the programme was incorporated into the immigration rules at rule 135A to 135H Rule 135A (i) required applicants to possess a document issued by the Home Office which indicated that the applicant had achieved the necessary number of points. Applicants also have to intend to make the UK his or her main home, and to be able to maintain and to accommodate themselves and any dependants without recourse to public funds.  As for what was required for an extension of stay under the programme, rule 135D required that applicants had entered the UK under the programme and that they had:

In MW (Liberia) v Secretary of State  (20 December 2007) the Court of Appeal issued its judgment on the question of whether children seeking entry to the UK to join their parents can succeed in their applications for entry clearance if they are to be supported and accommodated by their parents with the financial assistance of others (“third parties”).