The Asylum and Immigration Chamber of the Upper Tribunal has issued two new determinations which show that the Court of Appeal's judgment in Pankina goes much further than the UKBA seems to have grasped.
What can you do if the judge hearing your case is apparently asleep, or appears not to be paying attention to what is being said at the hearing?
The Court of Appeal's judgment in Pankina & others v Secretary of State for the Home Department may have holed the UKBA's points based system below the waterline
Since Monday 15 February 2010 the Asylum and Immigration Tribunal is no more. But has anything really changed?
The Home Office has continued its programme for the reform of the structure of immigration legislation in the United Kingdom with the publication of its new Draft Immigration Bill, which will consolidate all existing immigration laws if it should come into force after next year's General Election
In November of 2008 the government’s Identity and Passport Service issued draft regulations to be implemented as secondary legislation to the Identity Cards Act 2006, which received royal assent on 30 March 2006.
For many years the Court of Appeal’s judgment in R (Mahmood) v Home Secretary [2001] 1 WLR 840 represented what often seemed like a very solid and very thick brick wall preventing anyone who had established a family life in the United Kingdom from succeeding in showing that his or her rights protected by Article 8 of the European Convention on Human Rights were unnecessarily and disproportionately violated by a decision to remove him or her from the United Kingdom.
In June, we expressed concern that some courts were seeking to reintroduce the “truly exceptional” test in relation to claims under Article 8 of the European Convention on Human Rights (ECHR). In a welcome decision, AG (Eritrea) v Secretary of State for the Home Department [2007] EWCA Civ 801, the Court of Appeal has expressed concerns about “continuing controversy” about how the immigration courts should now deal with Article 8 claims and has set down clear guidance for the interpretation of the House of Lords’ judgment in Huang.
The UK High Court has considered the case of the detention of a Jamaican woman, her daughter and her son who were detained under immigration act powers, at a time when D was a baby under one year old and C was about to start school.
The UK Borders Bill, a proposal for a new law on immigration, is currently being considered by the UK House of Lords in the UK parliament. But already there are proposals for more legislation on immigration and asylum in the new Criminal Justice and Immigration Bill.