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Following a reference from the United Kingdom’s House of Lords the European Court of Justice (the “ECJ”) has decided that the applications of two failed Turkish asylum seekers for leave to enter the United Kingdom for the purpose of establishing themselves in business must be considered in accordance with immigration rules in force in 1973.  The ECJ’s judgment is dated 20 September 2007.

Three of Gherson’s clients – all of them doctors whose qualifications had been approved by the General Medical Council (the “GMC”) - have obtained extensions of their stay as highly skilled migrants following the indication that they would shortly issue applications in the Administrative Court for judicial review of the Border and Immigration Agency (“BIA”)’s decisions to refuse their extension applications. 

In a short ruling (SA (Section 82(2)(d): interpretation and effect) Pakistan [2007] UKAIT 00083), the Asylum and Immigration Tribunal (‘AIT’) has stated that a person whose application to vary their existing leave to enter or remain in the UK is refused has no right of appeal against that refusal if their existing leave continues beyond the date of decision.

The Asylum and Immigration Tribunal (‘AIT’) has found (in ST (s92(4)(a): meaning of “has made”) Turkey [2007] UKAIT 00085) that a person who has, at any time in the past, made an asylum claim or a human rights claim has an in-country right of appeal against any appealable immigration decision.

UK visas announced on 15 August 2007 that it now accepts all Iraqi passports for entry clearance applications to travel to the UK.  All previous advice on Iraqi passports  has now been withdrawn.

The Consular Fees (Amendment) (No.2) Order 2007 came into force on 16 August 2007.  It reduces the fees payable by those applying for entry clearance to come to the United Kingdom as entertainers, sportspeople or voluntary workers (all of which are "permit-free") from £200 to £99.  Following this amendment the current visa fees are as follows:

The Asylum and Immigration Tribunal has held that for persons seeking admission to the United Kingdom as the family member of an EEA national possession of an EEA family permit is not a necessary requirement of the Immigration (European Economic Area) Regulations 2006.

Deprivation of citizenship found to be persecution

In a landmark decision, EB (Ethiopia) [2007] EWCA Civ 809, the Court of Appeal has found that persecution may take the form of administrative and other measures which are discriminatory.  Consequently a person may qualify for asylum if he has been discriminatorily deprived of his citizenship rights, even if he is not at risk of physical ill-treatment.