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Archive for June, 2016
Whilst Tier 1 Entrepreneur applications have for the past couple of years been subjected to the Genuine Entrepreneur test the Home Office are increasingly applying the test to challenge this type of application and in particular initial entry clearance applications. The test is applied for extension, switching categories and Indefinite Leave to Remain applications and is conducted if the Home Office has doubts over the credibility of an application. The test can be carried out in... Read more »
Posted: 22 June 2016 | Author: Gherson Immigration | Comments (0)
Background Information Foreign students coming to the UK, from outside of the EU, in order to study are eligible to apply for a student visa. Depending on the length of their study there are a number of options available to them. If they wish to study for over 12 months then they will require a Tier 4 visa, which is a part of the points based system. If for less than a year then they may apply for a Student Visitor Visa or an Extended Student Visitor Visa. These latter visas... Read more »
Posted: 22 June 2016 | Author: Gherson Immigration | Comments (0)
The media has widely reported that people are preparing in anticipation of a potential "Leave" outcome to the British referendum on EU membership scheduled to take place on the 23 rd of June. The Independent reported that there have been a surging number of applications for British citizenship by EU nationals, and that a publisher of textbooks preparing candidates for citizenship tests said sales had quadrupled since the Prime Minister announced the taking place of the EU referendum.... Read more »
Posted: 21 June 2016 | Author: Gherson Immigration | Comments (0)
The latest judgment in the ongoing litigation around Detained Asylum Cases (DAC) has been handed down in the matter of R (Hossain and Ors) v Secretary of State for the Home Department [2016] EWHC 1331 (Admin) . This was a test case with the Claimants' asserting they were representative of the issues faced generally in DAC. The individual circumstances of the Claimants' included victims of torture who had corresponding medical reports (known as Rule 35 reports) and a... Read more »
Posted: 17 June 2016 | Author: Gherson Immigration | Comments (0)
On Tuesday 24 June 2016 the ECJ ruled on a challenge to the UK's right to deny some EU migrants child benefit and child tax credits. The case ruling relates to those migrants from the EU who are not legally resident and are "economically inactive". The ECJ found that if this is the case then the UK is permitted to restrict the rights of such migrants and their family members to claim child benefit and child tax credits. The judges rejected the Commission's argument that in checking... Read more »
Posted: 16 June 2016 | Author: Gherson Immigration | Comments (0)
A District Judge was wrong to discharge the extradition of a single mother-of-five to Ireland , where she faced charges of facilitating illegal immigration, on the basis of Article 8 ECHR. Background and First Instance Judgment The Respondent had been arrested in Ireland in 2012 after she had been found in charge of a vehicle containing Albanian men seeking to enter Ireland illegally from France by sea. The Respondent admitted that she had been... Read more »
Posted: 15 June 2016 | Author: Gherson Immigration | Comments (0)
The Home Office has recently introduced a new initiative whereby applicants applying for Settlement or No Time Limit in the UK, using the postal service, may be able to get a faster reply to their visa application. By using this service, applicants applying for Settlement in the UK, who have used forms SET (AF), SET (F), SET (LR), SET (M) and SET (O), may be able to get a decision on their application within 5 working days if they have already submitted their applications by post. ... Read more »
Posted: 14 June 2016 | Author: Gherson Immigration | Comments (0)
The European Court of Justice, the EU's highest court, has recently delivered a judgment readily adopted as fuel for the Leave Campaign. As already blogged by Gherson yesterday, the Judges in Luxembourg ruled in the case of Selina Affum , that migrants caught sneaking into the UK couldn't be jailed. https://gherson.com/blog/ecj-rules-illegal-migrants-cannot-be-jailed/ In this case, the detention by the French of a Ghanaian woman who tried... Read more »
Posted: 14 June 2016 | Author: Gherson Immigration | Comments (0)
On Tuesday 7 June 2016, in the case of Ghanaian National, Selina Affum the European Court of Justice ("ECJ") ruled that foreigners could no longer be imprisoned as a result of illegal entry. Ms Affum was apprehended in France on 22 March 2013, after being caught trying to travel into England using false documentation. France requested the Court to return Ms Affum to Belgium as she was using a false Belgian passport. The EU court, ruling on Affum's appeal against her detention, said the... Read more »
Posted: 13 June 2016 | Author: Gherson Immigration | Comments (0)
To add to Russia's economic problems, and partly as a symptom of them, the country now faces the potential loss of a huge number of its professional workforce. Official numbers state that last year 350,000 people emigrated from Russia. It cannot be said with any great certainty what proportion of this figure were graduate professionals however, this gross number is up ten times what it was in 2011. This is despite a strong patriotism within Russia, which sees many students refuse opportunities... Read more »
Posted: 13 June 2016 | Author: Gherson Immigration | Comments (0)
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Posted: 10 June 2016 | Author: Gherson Immigration | Comments (0)
In J.N. v. the United Kingdom, Application no. 37289/12 , the European Court of Human Rights (ECtHR) held that the UK's regime of immigration detention complied with the requirements of article 5 despite the absence of specified maximum time limits or automatic judicial oversight in detention pending deportation cases. The UK is the only country in the EU that has no statutory time limit on immigration detention. Other Member States have signed the Returns Directive 2008/115/EEC (from... Read more »
Posted: 10 June 2016 | Author: Gherson Immigration | Comments (0)
The subject of the EU referendum is a hard one to avoid, with both campaigns showing a high level of engagement. Despite the extraordinary complexity of the issue, it is necessary to objectively understand the differences between the immigration system and the proposed alternative in order to make an informed decision. There has been a lot of talk from the leave campaign about a possible new points-based system for EU nationals. Despite comparisons made from both sides to the Australian... Read more »
Posted: 09 June 2016 | Author: Gherson Immigration | Comments (0)
A Vietnamese national with a history of serious offending has lost his fight against deportation despite having a British partner and two British children. The Upper Tribunal had protected him from deportation but the Court of Appeal in SSHD v CT (Vietnam) allowed the Secretary of State's appeal. The Respondent had been convicted of a number of offences including attempted murder and possession of a firearm with intent to danger life, apparently after shooting someone in the stomach following... Read more »
Posted: 09 June 2016 | Author: Gherson Immigration | Comments (0)
The All-party Parliamentary Group on International Religious Freedom have criticised how the Home Office interview asylum seekers whose claims are based on converting to Christianity. According to their findings, asylum seekers were being tested on 'bible trivia' rather than focusing on questions, which displayed a deeper understanding on the essence of religion, faith and conversion. Examples include an Iranian asylum seeker whose claim was rejected after his interview.... Read more »
Posted: 08 June 2016 | Author: Gherson Immigration | Comments (0)
The Home Office have updated their guidance to provide clarification as to who is able to be protected by Section 3C, as the authorities have experienced large numbers of applicants who had mistakenly thought they were covered by Section 3C. Section 3C is in place to protect an applicant who has made an in-time application to extend their grant of leave in the UK or an application Administrative Review or Appeal. Section 3C provides those applying under the Immigration Rules... Read more »
Posted: 08 June 2016 | Author: Gherson Immigration | Comments (0)
Background and history of the proceedings The Home Secretary appealed a decision made by Dingemans J regarding a deportation order against the respondent, Eric Johnson. Dingemans J found that the refusal of the Home Secretary to revoke the deportation order violated Johnson's rights under Article 14 (prohibition of discrimination) read with Article 8 (right to respect for private and family life) of the ECHR. By this appeal the Home Secretary sought to set aside the decision... Read more »
Posted: 06 June 2016 | Author: Gherson Immigration | Comments (0)
On 1 June 2016 the Court of Justice of the EU ('CJEU') in Luxembourg delivered an important judgment in respect of how European Arrest Warrants should be handled throughout the EU. The European Arrest Warrant ('EAW') scheme was established by Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 ('the Framework Decision'). The... Read more »
Posted: 03 June 2016 | Author: Gherson Immigration | Comments (0)
Civil Liberties Committee MEPs have endorsed the Commission's proposal for a standard EU travel document to ease the return of non-EU 'irregular' migrants who do not hold valid passports or identity cards. The proposal aims to ease the process of returning residents with 'irregular' immigration statuses to their countries of origin in a safe and lawful manner. Member States currently face difficulties arranging these returns as destination countries frequently refuse to accept... Read more »
Posted: 02 June 2016 | Author: Gherson Immigration | Comments (0)
Background and history of the proceedings The appellants are Algerian nationals who were found by the Special Immigration Appeals Commission (SIAC) to constitute a threat to the national security of the United Kingdom. Various Home Secretaries have been trying to deport them to Algeria for several years, which have given rise to protracted litigation. Some of the appeals to SIAC have failed on the ground that deportation to Algeria would not infringe the Appellants' human rights because... Read more »
Posted: 01 June 2016 | Author: Gherson Immigration | Comments (0)
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