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Immigration cases
Secretary of State for the Home Department v SK (Sri Lanka) [2012] EWCA Civ 16 (19 January 2012) Thu January 19
TM, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 9 (18 January 2012) Wed January 18
Naved (Student - fairness - notice of points) Pakistan [2012] UKUT 14 (IAC) (13 January 2012) Fri January 13
UKBA news
New application form and guidance for Bulgarian and Romanian applications Mon January 16
The UK Border Agency has published a new version of Form BR3, which is used to apply for an accessio
Update for Tier 4 sponsors: educational oversight and other changes Tue January 10
An update for Tier 4 sponsors about educational oversight and information about changes coming into
Tier 1 (Exceptional talent) - new procedure for Arts Council England endorsement Tue January 3
From today, applicants under Tier 1 (Exceptional talent) of the points-based system must follow a ne
Taiwan is added to the Tier 5 youth mobility scheme Thu December 22
From 1 January 2012, Taiwan will join the list of countries and territories that participate in the
London 2012 Games spectators: visa applications open from 1 January 2012 Tue December 20
From 1 January 2012 you can apply for visitor visas to come to the UK to watch the Games.
Direction to grant ILR unlawful
In the case of IT (Sierra Leone) v Secretary of State for the Home Department [2010] EWCA Civ 787 the Court of Appeal has held that it was unlawful for an Immigration Judge to have made a direction for the Respondent to grant ILR following a successful Article 8 appeal.
The Court cites Farinloye v Secretary of State for the Home Department [2010] EWCA Civ 203 and also R (Islam Shahid) v Secretary of State For The Home Department [2004] EWHC 2550 (Admin) and establishes quite comprehensively that (a) there is no power under s.87 of the 2002 Act to make a direction to grant ILR following a successful human rights appeal (the outcome being only that it is unlawful to remove the appellant, it being open to the Secretary of State to decide what period of leave is appropriate), (b) that there is no obligation on the Secretary of State to grant ILR anyway and (c) that any direction needs to be made at the time the appeal is determined and the issues discussed at the hearing.
