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Background Information The appellant is a citizen of Uganda who was granted limited leave to remain in the United Kingdom as a student on 27 September 2010 lasting until 30 April 2012. Before his leave had expired he made an asylum claim and on 7 February 2012 the Secretary of State rejected the claim. Therefore when his asylum claim was refused the appellant had only 11 weeks remaining of his student leave. During his appeals the Upper Tribunal and the Court of Appeal both... Read more »
Two Government Defeats on The Immigration Bill Will Benefit Asylum Seekers and Domestic Workers Two amendments to the Immigration Bill were proposed in the House of Lords on 9 March 2016 and passed with Liberal Democrat, Labour and Crossbench support despite opposition from the Government. Amendment 57 was a proposal to make the Secretary of State grant permission to work to asylum applicants whose applications have not been decided within 6 months. The amendment received... Read more »
R (On the Application Of Kiarie) v The Secretary of State for the Home Department [2015]: Court of Appeal rules "deport first, appeal later" policy is lawful. The Court of Appeal judges ruled on 13 October 2015 that the Home Office policy of "deport first, appeal later" does not amount to an interference with the European Convention on human rights. However, the Court provided some helpful guidance on the interpretation of 94B and its interplay with Article 8 of the Convention (the right... Read more »
Gherson involved in cancellation of two INTERPOL Red Notices In August 2015 INTERPOL took the highly unusual step of announcing the cancellation of Red Notices against British businessman, Mr Rafat Ali Rizvi, and Saudi National, Mr Hesham Al-Warraq. The cancellation was reported on I NTERPOL's public website . INTERPOL confirmed the deletion of all information concerning them from INTERPOL's files and issued signed letters confirming the same to risk international profiling agencies and... Read more »
Do Adult "Children" have Rights to Family Life under Article 8? A recent decision of the Upper Tribunal considered this question in the case of Singh and another v Secretary of State for the Home Department (SSHD) [2015] ECWA Civ 630. Article 8 of the European Convention on Human Rights (ECHR) provides for the right to respect for private and family life. The case concerned two adult brothers from India (aged 24 and 26) who had been refused indefinite leave to remain in the UK. Their... Read more »
Appendix I salary increase for Tier 2 (General) & (Sportsperson) Indefinite Leave to Remain - when should I start to worry about the right level of salary? Pay requirements, which the Secretary of State intends to apply to applications for Indefinite Leave to Remain from Tier 2 (General) and Tier 2 (Sportspersons) migrants made on or after 6 April 2016, are now available in the consolidated version under Appendix I of the Immigration Rules. The new pay threshold will be applicable... Read more »
Italy threatens to give EU Migrants Schengen Visas As already discussed elsewhere on our site , with tens of thousands of migrants crossing the Mediterranean, the EU is struggling to reach agreement on proposals for each Member State to accept a quota of asylum seekers. The delay in finding a solution is frustrating Italy, the main recipient of Mediterranean migrants, whose Prime Minister has announced that, unless an equitable deal is struck, it will start issuing the migrants with temporary... Read more »
We recently took over a case in which our client and his dependent spouse were refused leave to remain in the United Kingdom as a Tier 2 (General) migrant and a relevant PBS Dependant. Our client had previously been in the UK as a Work Permit holder. Because of the introduction of the Points based system and Sponsorship licenses, our client's employer were not aware until our client's leave to remain was due to expire, that they would need a license in order to continue employing him. ... Read more »
Applicants looking to apply for Leave to Remain under the Tier 4 Student category will now have to provide an 'integrity number' when booking an appointment at the Public Enquiry Office. This new process means that before an applicant can book an appointment they must have completed an application form online and paid for it. This is a change from the previous method in which applicants could book an appointment before filling in a hard copy application form. This can pose many... Read more »
In early January there was widespread national media coverage of the fact that the UKBA had employed a contractor (Capita) to track down illegal immigrants. Capita had then sent text messages to thousands of people stating: " Message from the UK Border Agency: You are required to leave the UK as you no longer have the right to remain ". This became headline news both because of the abruptness of the message (considered by many to be spam) and the fact that many of those who received... Read more »
Attending the Public Enquiry Office can be a daunting experience, if for no other reason than the outcome is so important. But the process itself need not be daunting: After managing to book an appointment at the Public Enquiry Office in Croydon for Tatyana and her family, I'm on my way to Croydon with the application bundle. About twenty minutes from London Victoria Station the train pulls into East Croydon Station. It's snowing so I walk quickly to Lunar House, the building that... Read more »
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