In R (on the application of RK (Nepal) v Secretary of State for the Home Department [2009] EWCA Civ 359 the Court of Appeal had to consider whether the Appellants, two Nepalese sisters who had apparently failed to comply with a condition of their leave to remain as students had a right of appeal against the Secretary of State's decision to remove them from the United Kingdom.
As has been comprehensively reported on this site - section 15 of the the Immigration, Asylum and Nationality Act 2006 enables the United Kingdom Border Agency (the "UKBA") to require an employer to pay a civil penalty if he or she employs someone (the Act specifies "an adult" - by which is meant someone over the age of 16) who either does not have leave to enter or remain in the UK or whose leave to enter or remain is subject to a condition whereby her or she is not allowed to accept that employment. The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2007 fixed the maximum fine payable as £10,000 per employee.
The House of Lords has confirmed that where immigration rules change between the time at which someone makes an application for leave to remain and the time at which that application is decided on behalf of the Secretary of State - the application will be decided on the basis of the changed rule.
Kan (Post-Study Work - degree award required) India [2009] UKAIT 00022, recently issued by the Asylum and Immigration Tribunal, is the first reported determination by the Tribunal regarding the correct approach to be taken by the Tribunal in Points Based System Appeals.
Turkish nationals who set up businesses in the United Kingdom have long enjoyed the benefits of Article 41(1) of the Additional Protocol to the Ankara Agreement, originally signed between Turkey and the European Union in 1963 to give “freedom of establishment” to Turkish nationals.
The Asylum and Immigration Tribunal's second determination relating to the Points Based System has revealed the inflexibility and inherent unreasonableness of the new regime - as well as the Tribunal's limited ability to rectify such defects when determining appeals against the United Kingdom Border Agency's decisions using its jurisdiction provided by section 84 (4) of the Nationality, Immigration and Asylum Act 2002.
The United Kingdom Borders Agency (the UKBA) has issued a bulletin regarding the Borders, Citizenship and Immigration Act 2009 which received Royal Assent on 21 July. The bulletin indicates that further requirements beyond those set out in the Act will be imposed on people who wish to naturalise as British Citizens.