Abubakar v Entry Clearance Officer (Sannaa)  EWCA Civ 377 (28 March 2012 - read the judgment here.
This case before the Court of Appeal dealt with the interpretation of rule 317 (iva) of the Immigration Rules (HC 395) post Mahad. Rule 317 (iva) applies to parents, grandparents and other dependant relatives seeking indefinite leave to enter or remain in the UK. It stipulates that applicants and any dependants are adequately maintained without recourse to public funds.
By section 13(6) of the TCEA 2007, and the 2008 Order, permission to appeal to the Court of Appeal is not to be granted unless a proposed appeal would raise some important point of principle or practice, or that there is some compelling reason for the Court of Appeal to hear the case. This is known as the ‘second tier appeals test’, and is something JCWI campaigned against in the past.
This case before the Court of Appeal looked at how the ‘compelling reason’ head of the ‘second-tier appeals test’ applies in two different scenarios. The first is where appellants succeed before the First Tier...
The report by the Council of Europe’s Special Rapporteur Lives lost in the Mediterranean Sea: who is responsible? Is now available to download from the COE website. The report starts by noting that a shocking 1500 migrants are known to have lost their lives crossing the Mediterranean in 2011 alone, but focuses on the tragic event in March 2011 which led to the death of 63 out of the 72 migrant passengers.
In summary, a ship left Tripoli in Libya, it was at sea for 2 weeks during which no one came to the aid of the boat despite the logging of a distress call, and despite coming into contact with other vessels. It drifted back to Libya...
Legal Aid, Sentencing and Punishment of Offenders Bill has it’s third reading in the House of Lords. It is expected to return to the House of Commons on 17 April for MPs to consider Lords’ amendments. This will be the last opportunity for the Government to reconsider any of its intentions in the Bill before enactment, though there is to be included power to revise the Bill even after enactment so that areas of law can be brought back into scope of legal aid.
It’s the anniversary of the uprising in Syria. With the death toll having reached around the 8000 mark, the grim discovery earlier this week of yet more dead children’s bodies, and the apparent planting, by Syrian forces, of landmines to prevent refugee flows out of Syria, one might have hoped for a sufficiently compassionate and humane response from the Coalition - afterall the UK was actively involved in drafting the UDHR which enshrines the the right to seek and enjoy asylum in precisely such...
The Government has today laid a ministerial statement in Parliament outlining various worring changes to the Immigration Rules. Most of the changes are due to take effect on 6 April 2012, although some of the changes to Tier 2 will affect those who were granted leave after 6 April 2011.Key changes as identified by UKBA on their website are as follows:
The Children’s Society recently published I don’t feel human Experiences of destitution amongst young refugees and migrants. The report looks at the ongoing effects of the policy of enforced destitution originally introduced under the Labour Government. Enforced destitution refers to the withholding/limiting of welfare support in order to expedite the return of refused asylum seekers to their country of origin which has in turn left thousands of people including...
The Home Office has today published their proposals for reform the scheme for settlement (along with some other changes to the Immigration Rules).
These changes due to come into effect in April (with different parts coming into effect at different times) but will be laid before Parliament on 15 March we'll have more on this shortly although you can read our consultation response here.
This week the UK Border Agency has come back under fresh scrutiny, after an official inquiry report condemned the border force for “poor communication, poor managerial hindsight and a lack of clarity about roles and responsibilities”.
Home Secretary Theresa May resorted to the dramatic response by announcing plans to split UKBA into two, designating the border force as a separate law enforcement agency headed by a Chief Constable.
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