LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2016

Size: px
Start display at page:

Download "LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2016"

Transcription

1 Note to Candidates and Tutors: LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2016 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should have included in their answers to the January 2016 examinations. The suggested answers set out a response that a good (merit/distinction) candidate would have provided. The suggested answers do not for all questions set out all the points, which students may have included in their responses to the questions. Students will have received credit, where applicable, for other points not addressed by the suggested answers. Students and tutors should review the suggested answers in conjunction with the question papers and the Chief Examiners reports which provide feedback on student performance in the examination. Question 1 SECTION A The Tribunal System The Tribunals Courts and Enforcement Act 2007, replacing the one-tier Asylum and Immigration Tribunal (AIT) in 2010, established a dual tribunal process with a First-tier Tribunal and an Upper Tribunal. Both tribunals have an Immigration and Asylum Chamber. The Immigration and Asylum Chamber of the First-tier Tribunal (FTIAC) hears appeals from decisions made by the Home Office, either in the UK or abroad at High Commissions and Embassies. It is also hears appeals against a decision to deprive a person of his or her British citizenship under s40a of the British Nationality Act Immigration judges either sit alone or with other immigration judges or non-legal members to make the decisions. Onward appeal rights are to the Immigration and Asylum Chamber of the Upper Tribunal (UTIAC). If an appeal raises national security issues or public interest concerns, and needs to be heard in camera, it will be heard by the Special Immigration Appeals Commission (SIAC). These will be cases where the Secretary of State has certified the case under s97 NIAA 2002 as one where the Secretary of State believes removal of the appellant to be in the interests of national security or the relationship between the UK and another country. Statutory Basis for Appeals The statutory basis for appeals is principally Part V of the Nationality, Immigration and Asylum Act 2002 (NIAA 2002). The appeal will be against the Secretary of State, the Entry Clearance Officer or an Immigration Officer and a Page 1 of 20

2 Home Office Presenting Officer will represent the respondent. The NIAA 2002 has been amended by the Immigration Act The grounds upon which an immigration decision could be brought before the Immigration Act 2014 included where the decision was not in accordance with the Immigration Rules (s84 (1)(a)), where the decision is unlawful under s6 of the Human Rights Act 1998 (HRA) (s84 (1)(c)), where the decision breaches EC law (s84 (1)(d)), where the decision is not otherwise in accordance with the law (s84 (1)(e)), where a discretion should have been exercised differently (s84 (1)(f)) and where removal would breach the Refugee Convention (s84(1)(g)). Appeals under the Immigration Act 2014 The Immigration Act 2014 has significantly reduced appeal rights, particularly from within the UK. These provisions came into force in a piecemeal fashion, from October The IA 2014 amends s82 by reducing appealable decisions considerably. Under the new s82 an appeal can be brought to the tribunal where the Secretary of State has refused a protection claim (s82 (1)(a)), has refused a human rights claim (s 82 (1) (b)) or has revoked a person s protection status (s82 (1)(c)). Appeal rights against decisions involving EU rights are also preserved in the amended Immigration (EEA) Regulations A protection claim is defined as a claim that removal would breach the UK s obligations under the Refugee Convention or in relation to persons eligible for Humanitarian Protection (s 82 (2) (a) and (b)). Protection status is defined as a grant of leave to enter or remain in the UK as a refugee or as a person eligible for a grant of humanitarian protection (s (82) (2) (c)). The grounds of appeal under s 84 NIAA 2002 have been amended by s15 IA Grounds of appeal are now only that removal would breach: The Refugee Convention (s84 (1) (a)); The UK s obligations to grant humanitarian protection to an eligible person (s84 (1) (b); Section 6 Human Rights Act 1998 (s84 (1) (c)). The immigration decision appealed has to be related to human rights or protection issues, and they cannot be raised at a later stage. The removal of earlier appeal rights is likely to lead to increased judicial review in this area, although it should be noted that Legal Aid is not available for judicial review so this restricts access to justice. A successful judicial review will not provide the same remedy as an appeal, but will result in the original refusal of leave being quashed and the Home Office making another decision, which may not be positive. Procedural Rules The procedural rules governing appeals have changed with the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 ( the new Rules ), which came into force on 20 October 2014, replacing the Asylum and Immigration Tribunal (Procedure) Rules There is a new overriding objective to deal with cases fairly and justly rather than the former requirement emphasising fairness alongside efficiency and speed. An appeal to the First-tier Tribunal against a refusal of an application must be received within 14 days of the decision being posted. The time limit is the same for applying for permission to appeal to the Upper Tribunal against an appeal Page 2 of 20

3 dismissed by the First-tier Tribunal. If an appeal is filed late, reasons have to be given for extending the time. In country appeals are lodged on an IAFT-1, and the grounds of appeal drafted on this form. Court bundles have to be prepared by the appellant and the Home Office for submission to the court. Out of country appeals are lodged on an IAFT- 2 form. Under rule 29 Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 ( the new Rules ) the tribunal may now give a decision orally at the hearing. The tribunal must provide to each party, as soon as reasonably practical after making a decision, a notice of the decision and notification of any appeal rights. In asylum or humanitarian protection cases the tribunal must also provide written reasons for the decision. In other matters, if these are not provided, an application can be made to the tribunal, within 28 days, to provide reasons. If such an application is made the tribunal must provide reasons as soon as reasonably practicable. Onward appeals If a case is refused by the First-tier Tribunal an application for permission to appeal to the Upper Tribunal can be made under rule 33 to the First-tier Tribunal initially. Where the applicant is in the UK, the application must be received no later than 14 days from when the applicant was provided with written reasons for the refusal, and no later than 28 days if the applicant is outside the UK. The application must identify the decision being appealed and the error or errors of law in the decision. It must also state the desired result from the hearing and include any request for extensions of time, with reasons. If the First-tier Tribunal refuses permission, a request for permission can be made to the Upper Tribunal. If the Upper Tribunal refuses permission to appeal the remedy would be an application to the High Court to judicially review the decision. If the Upper Tribunal grant permission, but the appeal is then dismissed by the Upper Tribunal, further appeal would then be made to the Court of Appeal. Administrative Review The restrictions on appeal rights introduced by the Immigration Act 2014 will see the increased use of Administrative Review as an alternative challenge to a decision to refuse entry clearance or leave to remain. This is not a full right of appeal, and therefore not an adequate replacement for earlier appeal rights. It does, however, permit an applicant to request that the Entry Clearance Officer, Immigration Officer or Home Office corrects an erroneous decision caused by a caseworking error. If such an error is found the decision will be withdrawn and a new decision made. On a successful application, if the decision was an application for leave, leave will then be granted. The major difficulty with this process is that it is asking the Home Office to review a decision made by its own officer. Consequently the right to a full appeal hearing by an independent and impartial tribunal will no longer be available in these cases. Page 3 of 20

4 Question 2 (a) General Rights of EU nationals General free movement rights are contained in Article 21 Treaty on the Functioning of the European Union (TFEU). Article 6 Directive 2004/38/EC (the Citizens Directive) provides for a general right of residence in another member state for up to 3 months without any conditions or formalities, but simply on production of a valid identity card or passport. Free Movement of Workers Art 45 TFEU confers the right to enter the UK for the purpose of employment. More specifically Art 45 (3) permits acceptance of an offer of employment made and free movement within the member state (MS) for such employment. It also permits staying in the MS for the employment and remaining in the MS after the employment (subject to conditions contained in secondary legislation). Under Article 7 para 1 of the Citizens Directive workers or self-employed persons in the host member state are permitted to reside longer than the initial threemonth period where they are working or self-employed in the host member state, have sufficient resources not to burden the social assistance system or are enrolled at a private or public establishment for study or vocational training. In the latter two cases the EU national must also have comprehensive sickness insurance cover in the host member state. The Immigration (European Economic Area) Regulations 2006 (I (EEA) Regs) incorporate the Directive into UK law. Regulation 6 defines a qualified person who is exercising treaty rights as a jobseeker, a worker, a self-employed person, a self-sufficient person and a student. Article 7 Directive 2004/38/EC, incorporated in Regulation 6 I (EEA) Regs, also allows a person to stay on as a worker if he or she is temporarily unable to work as a result of illness or accident or involuntarily unemployed after working for more than a year and registered as a jobseeker. Jobseekers must be seriously and genuinely seeking work and will be allowed a reasonable time to look for work Antonissen [1991]. If a person is voluntarily unemployed after completing a fixed term contract, or within the first year of employment, they will not be seen as a worker for any longer than six months. Under Regulation 6 (8) I (EEA) Regs a Union citizen only retains the status of a worker during the first six months in which he or she is looking for work. After 91 days the status of jobseeker is lost and can only be reinstated if the EU national leaves the UK for at least 12 months and then returns to look for work again. Regulation 5 defines a worker or self-employed person who has ceased activity as an EEA national who satisfies the conditions in paragraph (2), (3), (4) or (5) of the regulation, namely those who have ceased activity due to permanent incapacity or illness and are no longer capable of work, or have reached retirement age or taken early retirement. Three years residence in the UK is necessary for those retiring and one year in employment is necessary prior to the retirement. If activity is ceased due to permanent incapacity, two years residence is required prior to the termination unless the incapacity was caused by an accident at work or an occupational disease. If these conditions are met such persons acquire a permanent right of residence under reg 15 (1) (c). Page 4 of 20

5 Employment includes both self-employment under Article 49 TFEU and part-time employment under Article 7 Directive 2004/38/EC. This was upheld by the ECJ in Levin v Staatssecretaris [1982] where part-time employment as a chambermaid was found to be effective and genuine and in Kempf v Staatssecretaris van Justitie [1987] where part-time music teaching was seen to be the same. Question 2 (b) Family Members Rights Generally The rights of family members to join EU national workers are found in Articles 2, 3, 6 and 7 Directive 2004/38/EC. Article 6 extends the general right of residence for three months to family members, whether or not they are themselves EU nationals. Article 7 provides that family members of those qualified to reside for longer than 3 months, for example workers, also have the right to long-term residence. Definition of Family Member Article 2 and Regulation 7 I(EEA) R 2006 define family members as: The spouse or registered partner of an EU citizen; Direct descendants of an EU citizen or their partner who are either under 21 or dependent on the EU citizen or their partner; and Dependent relatives in the ascending line of the EU national or his/her partner. Regulation 11 I (EEA) R 2006 provides that a family member of an EEA national can be admitted if they produce a passport and an EEA family permit or other means of proving that they are the family member of an EEA national with the right to accompany or join the EEA national. Facilitating Entry for Other Family Members Article 3 Directive 2004/38 obliges Member States to facilitate entry and residence for: Other family members who are dependent on or members of the household of the EU citizen in their country of origin; Family members who have serious health issues requiring personal care by the EU citizen; and Partners with whom the EU citizen has a durable relationship, which has been duly attested. Article 10 Directive 2004/38 obliges Member States to issue residence cards to family members of Union citizens. Article 3 is transposed into national legislation by Regulation 8 I (EEA) R 2006, which details extended family members who may be eligible to join a qualified person in the UK. They may also be accompanying the EEA national or joining the EEA national here. Extended family members now have to have been dependent on the EEA national before coming to the UK or to have lived in the EEA national s household before entry. Rahman [2012] clarified that there is no need for the applicant to have lived with the Union citizen in the household abroad, or to have been dependent while the Union citizen was still living in the Member State, but the dependency itself or the household membership must have arisen before the family member moved to the host state. This was confirmed in Oboh and Others [2013]. This Page 5 of 20

6 situation arose in Bigia v ECO [2009] where dependency was shown through an EU national providing his adult daughter with rent-free accommodation and regularly sending her money for daily living expenses, bills and clothes. As family members rights are derived from their relationship with the qualified person, if the rights of the qualified person cease, the family member will lose his or her secondary rights OA [2007]. Retained rights of residence There are provisions in the Directive (Articles 12 and 13) and the Regulations (Regulation 10) for EEA nationals to retain rights of residence where a qualified person has died, a relationship has ended or where the qualified person ceases to be qualified. A spouse or civil partner will not cease to be a family member in the event of a marital breakdown or separation as long as the EEA national continues to exercise treaty rights in the same member state: Diatta v Land Berlin [1985] and Amos v SSHD [2011]. With divorced couples, three years of marriage before the initiation of divorce proceedings are required to satisfy the provision alongside residence in the host member state for at least one year. Further, residence rights are retained, under regulation 10, on termination of the marriage where there is domestic violence or an order of the court conferring access to or custody of a child. A partner of an EU citizen and the EU citizens children will retain residence rights where the partner has custody of the children and the children are studying at an educational establishment, provided the children were in the host state at a time when the Union citizen was working there. Where then Union citizen has died, the same provisions for acquiring permanent residence will continue as if the Union citizen were still alive, provided the family member exercises the equivalent of Treaty rights as a worker, self-employed or self-sufficient. Question 3(a) Where a person is born outside the UK and acquires British citizenship through having a parent who is a British citizen, he or she will be a British citizen by descent. This means that if he/she were then to have a child abroad he/she would not automatically be able to pass on British citizenship to that child. By contrast a British citizen other than by descent is a British citizen who has acquired citizenship through birth, naturalisation or registration in the UK and as such could pass on that citizenship to a child. Before the British Nationality Act 1981 (BNA 1981) came into force on 1 January 1983 a person who was born outside the UK would only be a British citizen if his father was born in the UK or his father was registered or naturalised as a British citizen in the UK before the child s birth, and his parents were married or subsequently married. This was the main way to acquire British Nationality by descent. The BNA 1981 rectified the inherent injustice in this provision by establishing citizenship through the mother under Section 1. Now a child born outside the UK who has a British father or mother will acquire British citizenship by descent. However if a person was born outside the UK to a British mother before 1 January 1983 when citizenship only passed automatically through the father, they can now register as a British citizen. Page 6 of 20

7 Until 1 July 2006, a father could only pass on his nationality in this way if he was married to the child s mother. S9 NIAA 2002 rectified this previous injustice in the law and amends BNA 1981 to include the father of an illegitimate child, provided proof of paternity is produced. Under s2 (1) BNA 1981, in order to pass on British nationality and allow a child to become a British citizen by descent, either the mother or the father must be a British citizen otherwise than by descent. This restricts the passing on of British citizenship to one generation only. BNA s 3 (3) does mitigate this to some extent as a child born overseas has the right to be registered as a British citizen by descent at a British consulate if: One of the parents is a British citizen by descent; The British citizen by descent parent has a parent who is or was a British citizen otherwise than by descent; and The British citizen by descent parent had at some time before the child s birth lived in the UK for a continuous period of three years, not being absent for more than 270 days in that period. S 3 (5) BNA 1981 allows a child born overseas to a British citizen by descent parent to be registered in the UK as a British citizen if they have lived with their parents in the UK for three years before the application. Question 3 (b) Registration Registration is the process by which children and a certain minority of adults can acquire citizenship. It is granted if someone meets the legislative criteria and in many of these cases people now have an entitlement to registration, while some remain at the discretion of the Secretary of State. There is now a good character requirement under S47 Borders Citizenship and Immigration Act 2009 (BCIA 2009) if a child is aged at least 10. Children Children can register where their parents are not settled in the UK at the time of their birth but then become settled. Under s1(3) BNA 1981 a child can apply to register as a British citizen if he was born in the UK after 1982 and, after his birth, one of his parents becomes settled in the UK. Under s1(4) BNA 1981 a child can register as a British citizen if he remains in the UK for the first 10 years of his life and is not absent for more than 90 days each year during that period. Unmarried fathers used not to be able to pass on British citizenship, but can do so now. Under NIAA 2002, as originally enacted, if a person was born before July 2006 to an unmarried British father they could apply to register as a British citizen on a discretionary basis. The Immigration Act 2014 now gives them an entitlement to do so. Under the new ss.4e-4j BNA 1981, inserted by the Immigration Act 2014, people who were born illegitimately to British fathers before 1 July 2006 can now register as British citizens. On the other hand, a person is entitled to register as a British citizen if they were born outside UK before 1 January 1983 to a British mother. Page 7 of 20

8 BNA s 3(3) permits a child born overseas to register as a British citizen by descent at a British consulate if: One of the parents is a British citizen by descent; The British citizen by descent parent has a parent who is or was a British citizen otherwise than by descent; and The child s parent had at some time before the child s birth lived in the UK for a continuous period of three years, not being absent for more than 270 days in that period. Section 3(5) BNA 1981 allows a child born overseas to a British citizen by descent parent to be registered in the UK as a British citizen, if they have lived with their parents in the UK for three years before the application. The Borders, Citizenship and Immigration Act 2009 added a new category of children who can register as a British citizen. A child of a member of the British armed forces serving overseas, born after 13 January 2010, can apply for registration as a British citizen. This permits children of foreign nationals serving in the armed forces to acquire citizenship in this way. Adults The limited categories of adults that can register as British citizens are those that lost the right of abode with the incremental passage of various nationality acts. British Overseas Territories Citizens (BOTCs), British Overseas Citizens (BOCs), British Protected Persons (BPPs), British Nationals Overseas (BNOs) and British subjects who have been resident in the UK legally for five years and have indefinite leave to remain can apply to register in this way. Additionally BOCs, BNOs, British subjects and BPPs with no other citizenship or nationality can register, provided that they have not renounced another nationality. An adult can also register as a British citizen if he or she was born outside UK to a British mother before 1 January 1983, when citizenship only passed through a person s father. This therefore remedied some of the inherent injustices in the previous legislation. This used to be a concession (discretionary Home Office practice) before the end of 2000 but now Section 4C BNA 1981 gives such a person the right to register in this way. Question 4 A decision to deport someone can be made where the Secretary of State deems it to be conducive to the public good under s3 (5) (a) Immigration Act 1971 (IA 1971). Further, under s3 (6) IA 1971 a person convicted of an offence punishable with imprisonment can be recommended for deportation by the court. Finally, deportation of foreign criminals is automatic under s32 UKBA 2007 where a person who is not a British citizen is sentenced to a minimum of 12 month s imprisonment, or the offence is of a type specified in an order and the person is sentenced to imprisonment following conviction for such a specified offence. Page 8 of 20

9 National Security Deportations and Article 3 Deportation can be found to be conducive to the public good on the grounds of national security. In these cases arguments against deportation may arise under Article 3 ECHR, the absolute right not to be subjected to torture or inhuman or degrading treatment. Deportation is prevented where there is a real risk of torture or inhuman or degrading treatment if returned to the country of origin and there is no question of balancing the right against public interest considerations. In Chahal v UK [1996] the absolute nature of Article 3 prevented deportation of a Sikh terrorist to India was not permitted as there was a real risk he would be tortured if returned. Further in Saadi v Italy [2008] the European Court of Human Rights (ECHR) would not accept that the risk of ill-treatment should be balanced against the reasons for expulsion in these cases. More recently Abu Qatada [2012] exposed the difficulties of wishing to deport an alleged terrorist where there was a real risk of torture on return. Assurances by the Jordanian government that the appellant would not be tortured, or tried on evidence adduced under torture, finally enabled his deportation. Deportation and Article 8 Article 8 is the qualified right to respect for private and family life so where these matters arise in deportation proceedings there is a need to balance the right against public interest considerations. The right can be interfered with where there is a legitimate aim, and immigration control is in the economic wellbeing of the country to control immigration and, in deportation cases, also satisfies the legitimate aim of preventing disorder or crime. National security grounds may also permit an interference with the right. The question is whether the interference with the right in pursuit of these legitimate aims is necessary or proportionate Razgar (2004). In recent years the Home Office has taken steps to facilitate the deportation of non-uk citizens and has made clear statements of when the Secretary of State believes the public interest will require deportation. The Immigration Rules on Article 8 and Deportation Firstly, the introduction of rules 390A and were intended to clarify the circumstances in which private and family life can outweigh the public interest in deportation. The rules have been amended slightly after the changes in the Immigration Act However rule 398 still provides that it will be in the public interest to deport a person who has been convicted of an offence and sentenced to 4 or more years imprisonment (398 (a)), or to 1 to 4 years imprisonment (398 (b)), where their offending has caused serious harm or where they are a persistent offender showing particular disregard for the law (398 (c)). Rules 399 and 399A provide exceptions to 398 (b) and (c) where there is a genuine and subsisting relationship with a British citizen child, or a child who has lived in the UK continuously for 7 years, and where there is a genuine and subsisting relationship with a partner who is a British citizen or settled in the UK, formed when the deportee was in the UK lawfully. In these cases it must also be unduly harsh for the child to move with the deportee or live in the UK without them or for the partner to do the same. If the application is a private rather than family life one, under rule 399A the person will need to have been lawfully resident most of his life, be socially Page 9 of 20

10 integrated in the UK and there must be very significant obstacles to his integration in the country of deportation. Earlier cases on the rules proposed a two-stage assessment in deportation cases, the first under the immigration rules and the second a separate Article 8 assessment. The Court of Appeal in MF (Nigeria) (2013) found the rules to be a complete code incorporating the two stage test entirely within the Immigration Rules, exceptional circumstances permitting consideration of Article 8 case law. In Shazad (2014) the Upper Tribunal made it clear that where the exceptional circumstances provision does not exist in a rule, a two-stage test will still be required, partly within and partly outside the Immigration Rules. On a strict interpretation of Shazad the replacement of this test with compelling circumstances could mean a return to the two-stage test. Article 8 statutory public interest considerations Section 19 Immigration Act 2014 (IA 2014) inserts a new Part 5A into the Nationality Immigration and Asylum Act 2002 (NIAA). New section 117B NIAA sets out the public interest considerations to be taken into account in all cases, such as maintaining effective immigration controls, while new section 117C sets out further considerations to which courts and tribunals must have regard in deportation cases. Section 117B in particular prescribes that little weight should be attached to private life or a relationship formed when a person is in the UK unlawfully (117B (4)), and when a person s immigration status is precarious (117B (5)). Another change is replacing the phrase exceptional circumstances with very compelling circumstances when considering the deportation of a foreign criminal sentenced to at least four years imprisonment. This mirrors the language in MF (Nigeria) v Secretary of State for the Home Department (2013) and is in line with SS (Nigeria) (2013) where the Court of Appeal found it would only be a very strong claim indeed that would outweigh the public interest in deporting a foreign criminal. For those sentenced to less than four years in prison, s117c makes quite generous provision for family life, simply saying that the effect of the deportation on the child or partner would need to be unduly harsh to prevent removal. This is different to the more detailed Immigration Rules contained in A, which will be problematic for the courts when dealing with these cases. Case law These statutory public interest considerations, reflected in the rules, impose very prescriptive considerations, favouring deportation and having less regard to matters such as the best interests of the children in having both parents to care for them. Article 8 cases emphasising the best interests of the child, such as Chikwamba (2008) and ZH Tanzania (2011) are only significant when the provisions of rule 399 HC 395 and s117b NIAA 2002 are not met. The Court of Appeal in SS Nigeria (2013) emphasised the importance of the public interest in deporting foreign criminals. The best interests of any children involved are a primary consideration (ZH Tanzania (2011)) but family life will have to be very strong to outweigh the public interest in deporting a foreign criminal. The more serious the offence, the more likely the public interest will favour deportation. Page 10 of 20

11 SECTION B Question 1 Definition of a Partner The facts indicate that Sebastian meets the definition of a partner in Gen 1.2 as, although unmarried, Emily and Sebastian have a period of cohabitation lasting over 2 years and their relationship has lasted longer than this. They will need to show letters/bills to the same address over the two-year period, in both of their names, in order to satisfy this requirement. Suitability requirements There are various suitability requirements within the rules, which the applicant must not fall to be refused under. Under Section S-EC grounds such as exclusion being conducive to the public good, being subject to a deportation order, being convicted of a sentence of imprisonment of 12 months or more or failure to attend an interview or undergo a medical examination, can lead to mandatory refusal. Discretionary grounds to refuse are also laid down in S-EC , including the provision of false information or refusal to provide an undertaking in relation to accommodation or maintenance. Eligibility requirements Relationship Requirements As Emily is a British citizen she will satisfy E-ECP 2.1 and be an appropriate sponsor. She needs to be present in the UK when Sebastian arrives or accompanying him. In order to comply with E-ECP 2.2 and 2.3 both the applicant and the partner must be over 18. This was confirmed in the case of Quila (2011) when the Secretary of State s temporary raising of the age to 21 was found to disproportionately interfere with family life. In the present case the couple are 24 and 26 so meet the requirements. There is nothing in the facts to indicate that Emily and Sebastian are within the prohibited degrees of relationship, contrary to E-ECP 2.4. In order to comply with E-ECP 2.5 the couple must have met in person. In accordance with the test in Meharban (1989) the parties only require some knowledge of each other in the sense of appearance or personality so this is easily shown. As Emily and Sebastian have lived together for 2 years and 3 months this will be easy to satisfy. They can show photographs of themselves together to meet this requirement, evidence of joint commitments such as bills, bank accounts and so on. E-ECP 2.6 stipulates that the relationship must be genuine and subsisting. Annex 2.0 of the Immigration Directorate Instructions (IDIs) lists factors, which will serve to indicate genuineness. In this case the relevant factors are the fact that they have been living together two years and can prove this, for example with letters/bills to both parties (individual or joint) sent to the same address. The fact that Emily has spent the past three years with Sebastian in Jamaica, and lived with him for 2 years and 3 months, will help them meet this requirement. As they intend to live together in the UK this will also assist in proving their relationship is genuine and subsisting. They should submit bills to their joint Page 11 of 20

12 address in Jamaica and tickets and photographs from their time together in Jamaica and Sebastian s visit to the UK, as these are relevant to show genuineness. As Emily and Sebastian do not intend to get married they do not have to satisfy the requirements 7 and 8 at ECP 2.7 or 2.8. E-ECP.2.9 states that any previous relationship of the applicant or his or her partner must have broken down permanently. Emily and Peter, her husband, are in the final stages of divorce, which indicates that their relationship has broken down permanently. However, permanent relationship breakdown can only be established by producing the Decree Absolute. E-ECP.2.10 states that applicant and partner must intend to live together permanently in the UK. The previous cohabitation, and the fact that they will be living at Emily s flat on return to the UK, will assist in proving this requirement. As Emily will have been in the UK for six months before Sebastian arrives they should show any correspondence in their time apart, such as printouts of s, any telephone bills etc. This is relevant to intention to live together on the authority of Choudhury (2002). Financial Requirements Maintenance Income required As Emily and Sebastian do not have children they simply need to show a gross annual income of 18,600 to satisfy E-ECP 3.1. This must be from the UK partner alone in an entry clearance application so Sebastian s potential earnings are irrelevant. As Emily is earning 27,000 per annum she will clearly satisfy this requirement. Documentation to prove As Emily has been working at the hospital for six months in salaried employment she will also need to meet the requirements of Appendix FM-SE para A1 2 by providing six months wage slips and corresponding bank statements to show receipts of salary, and a letter from her current employer detailing her employment and gross salary, how long she has been employed, how long she has been on 27,000 and the fact that the job is permanent. It would be useful also to submit her signed contract of employment and her P60. Adequate Accommodation Accommodation must be adequate, owned or occupied exclusively and there must be no recourse to public funds to provide the accommodation in accordance with E-ECP 3.4. In order to be adequate it must not be overcrowded within the terms of the Housing Act As it is a two bedroomed flat that the couple will live in exclusively they will easily satisfy this requirement, as they only require one room for their exclusive use Saghir Ahmed (1994). Page 12 of 20

13 English language requirement As Sebastian is from a Home Office approved English-speaking country he will not need to pass any language tests to come to the UK. Leave granted If Sebastian s application is successful he will be granted 33 months leave to enter. After 30 months in the UK he will be able to apply for a further 30 months limited leave. After 60 months (5 years) in the UK, if he still meets all the stated requirements, he will be able to apply for indefinite leave to remain. Question 2 Article 1A Refugee Convention, the Refugee Qualification Directive 2004 (RQD 2004) and the Refugee Qualification Regulations 2006 (RQR 2006) define a refugee as someone who has a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion and is outside his or her country of nationality and is unable or, owing to such fear, unwilling to return to it. Rule 328 of the Immigration Rules provides UK asylum claims will be determined in accordance with this definition. Rule 334 permits a grant of asylum where an applicant meets this definition. It will be argued that Abi fits this definition of a refugee and thus should be entitled to international protection. Well-founded Fear Subjective fear: Subjective fear is the belief that the appellant states is likely to happen if returned to his or her country of origin. Abi s subjective fear is that if she is returned to The Gambia she will be forcibly circumcised and risk dying from her injuries, or suffering intensely in the way her mother did. Her fear is based on what happened to her mother and the practice of her tribe members generally, together with the threats of FGM. Objective fear An applicant s fear must be well founded in context of the country information (Horvath (2000)).The Home Office report states that FGM is widely practised in The Gambia and violence against women is widespread. This supports the conclusion that Abi is at risk of FGM on return. Standard of Proof Arguably, as Abi s subjective fear and previous experiences are supported by objective evidence, there is a real risk (PS Sri Lanka [2008]) or reasonable degree of likelihood, (Sivakumaran [1988] upheld in Karanakaran [2000]) that she will be persecuted on return. Taking into account therefore her subjective fear of being forcibly circumcised on return, supported by what has happened to her mother in the past and the objective evidence showing this risk is well founded, there is a real risk or reasonable degree of likelihood of persecution on return. Page 13 of 20

14 Persecution Abi is at risk of serious harm plus failure of state protection if returned, the definition of persecution laid down in the case of Shah and Islam [1999]. In Demirkaya [1999] the Court of Appeal held that a single act of torture or serious ill treatment could constitute persecution. FGM would be an example of such torture. Applying the Refugee Qualification Directive article 9 and RQR reg 6 the future risk of FGM is clearly sufficiently serious by its nature to amount to persecution. In Fornah [2006] the appellant was at risk of FGM in Sierra Leone. It was accepted by House of Lords in Fornah that claims based on fear of FGM have been recognized or upheld in courts all around the world, including England and Wales (P and M [2004] cited amongst others) and that FGM is an extreme expression of the discrimination to which all women in Sierra Leone are subject, as much for those who have already undergone the process as for those who have not. The facts show this is the same situation as in The Gambia as the Home Office report states that the practice is not unlawful and is widespread. A more recent Court of Appeal decision in MJ Gambia [2013] confirmed this risk and looked at particular factors that alter the risk such as parental views, living in a rural or urban area and membership of an ethnic tribe that practices FGM. Protection This is a case of non-state agent persecution and the leading authority is the case of Horvath [2000]. In order to show that Abi has no protection she has to show that, although she would be targeted by non-state agents on return, the state would offer her no protection against this. Horvath upholds that, in order to show protection, there must be an adequate criminal justice system in place and a willingness to operate it. The Home Office report states that FGM is widespread and that Gambian law does not prohibit the practice. Gender inequality is accepted in society. Abi could not therefore seek police protection as the practice is not illegal so not within the remit of the police. Convention reason The Convention reason in this case is that she fears persecution because of her membership of a particular social group. The protection afforded to the victims in Shah and Islam [1999] can be extended to the instant case. As in Shah and Islam [1999] she is a woman in a society that discriminates against women. Her gender is an innate and unchangeable characteristic or, as was termed in Shah and Islam [1999], an immutable characteristic that is beyond her power to change. The RQD article 10 and RQR 6 (d) refer to this innate and unchangeable characteristic needed to be a member of a PSG. It was settled in Fornah [2006] that women in a society that practices FGM share the immutable characteristics of being female, Sierra Leonean (in that case) and members of the particular tribe to which they belong. As they would share these characteristics whether or not FGM were within their communities, their social group exists completely independently of the initiation rites it chooses to practise (Baroness Hale). In Fornah it was held that women at risk of FGM are a particular social group for the purposes of the refugee convention, which can be applied to this case. The country reports show that women are at risk of FGM in The Gambia in the same Page 14 of 20

15 way and that the police do not protect against this. Contrary to the Home Office s argument in Abi s case, the PSG exists independently of the persecution suffered as women are discriminated against as a group and the persecution can occur against the women because they are subordinated in society. Internal Flight The Home Office have raised internal flight saying that Abi could live elsewhere in The Gambia. Article 8 RQD requires decision-makers to consider whether an applicant could reasonably relocate to another area Para 339O Immigration Rules implements this. It was held in MJ Gambia [2013], upholding K and others [2013] in the Upper Tribunal that internal flight is not a viable option in The Gambia as the country is so small and ethnic groups are interspersed throughout. This is also mentioned in the Home Office report showing that internal flight is not realistic in this case. Further, Abi s mother has told her that members of the Mandinka tribe are looking for Abi throughout The Gambia. In any event it would arguably be unduly harsh (Robinson test) or unreasonable (RQD art 8 and 339O HC 395) to send Abi to Banjul. The cases of Januzi [2006] and AH Sudan[2006] focus on factors relevant in deciding whether internal flight is reasonable and consider socio-economic survival amongst other factors. Abi would not be able to support herself as she has no family there and the Home Office report says few employment opportunities for women. It is arguably unreasonable or unduly harsh to return her taking all the matters into account, the standard of proof for internal flight laid down in Karanakaran [2000]. Conclusion It is therefore submitted that Abi has a well founded fear of persecution if returned to The Gambia as she risks Female Genital Mutilation there from members of the Mandinka tribe. The risk of persecution is on account of her membership of a particular social group, as she is a woman in a society that discriminates against women (Shah and Islam (1999)), and the group exists independently of the persecution suffered. There is no protection available to her as the government do not protect against this. Internal flight is not viable, as ethnic groups are interspersed throughout the country, and is also unduly harsh as she would not have any support in another area. Question 3 (a) General Visitor Requirements Kiano will need to obtain a visit visa to come to the UK as Kenya is a visa national country. A visitor is now defined in Appendix V of the Immigration Rules, inserted by HC 1025, as a person who is coming to the UK, usually for up to six months, for a temporary purpose. He should enter under the standard visit category in V 1.5. Kiano will need to satisfy the eligibility requirements of V 4.2. In particular he must show a genuine intention to visit. In order to show this he needs to prove that he: (a) will leave the UK at the end of his visit; Page 15 of 20

16 (b) (c) (d) (e) will not live in the UK for extended periods through frequent or successive visits, or make the UK his main home; is genuinely seeking entry for a purpose that is permitted by the visitor routes; will not undertake any prohibited activities set out in V 4.5 V 4.10; and has sufficient funds to cover all reasonable costs in relation to his visit without working or accessing public funds. This includes the cost of the return journey. As Kiano is entering for a specific event and intends to leave after a short stay with his cousin, he should have no problem in satisfying V 4.2 (a) and (b). He wishes to take part in a festival but does not intend to take up paid employment in the UK. Kiano will be genuinely seeking entry for a purpose that is permitted by the visitor routes in compliance with V 1.5 (c) as he is taking part in the festival. Paragraph 16 Appendix 3 lists creative activities as an artist, entertainer or musician as a permitted activity for all visitors. These include: (a) Giving performances as an individual or as part of a group; (b) Taking part in competitions or auditions; (c) Making personal appearances and take part in promotional activities; or (d) Taking part in one or more cultural events or festivals on the list of permit free festivals in Appendix 5 (where payment is permitted). As Kiano wishes to take part in the festival he will be permitted to do so under paragraph 16 (d). He must then satisfy the rest of the general visitor requirements discussed. Kiano should satisfy this as Brighton festival is listed in Appendix 5. Paragraph 16 (a) may also be satisfied as it is a performance by his amateur theatre group, Starlights. The prohibited activities mentioned in (d) are set out in V 4.5-V4.10 and include undertaking paid work (other than a permitted activity ), studying, accessing medical treatment (other than private medical treatment or donating a kidney) and getting married or entering into a civil partnership. There is no indication Kiano wishes to do any of these things other than the permitted creative activity of partaking in the festival. Kiano has sufficient funds to satisfy V 4.2 (e) as he has 4,500 in savings, which he will pay his 440 airfare from. He will still have sufficient funds for his stay in the UK without him accessing public funds or working. Kiano will be accommodated by his cousin, Logan, in his two- bedroomed flat, so will not need to pay for accommodation. Kiano also needs to show that he can meet the cost of the return journey. He intends to buy a return ticket out of his savings and will still have sufficient money remaining to maintain himself. As Kiano wishes to stay with his cousin for a few weeks after the event he should specify this in the application and will be granted leave for up to six months. He will be admitted for no more than six months, will be prohibited from taking employment and cannot extend his stay beyond that period. It would therefore not be possible for him to switch to being a student if he wanted to do this. He would have to return to Kenya and apply for entry clearance from there under Tier 4. Page 16 of 20

17 Leave Granted Kiano will be granted leave for a maximum of 6 months and will not be able to switch into another category of leave from his visit visa. He will not qualify for indefinite leave to remain as a visitor. No Switching to student As Kiano would be best advised to come as an entertainer he must be warned that he cannot switch from visitor category. Therefore he would need to return to Kenya and apply for entry clearance as a student if he wished to study at a UK University. Question 3 (b) Entry as a Student The requirements for entry as a student under Tier 4 PBS are governed by rule 245ZV of the Immigration Rules. Kiano would need 30 points under Appendix A (attributes) for sponsorship. He would meet this requirement by obtaining a Confirmation of Acceptance for Studies (CAS) from a UK University or college that is a Home Office approved education provider. A CAS is a virtual document in the UKBA s IT sponsorship management system that must contain the sponsor s licence number. It must also include Kiano s nationality, passport number, list the evidence provided in his application and give full details of the course. The CAS must be issued less than 6 months before the application for entry clearance or leave to remain. The degree course Kiano wishes to study would have to meet the minimum academic requirements stipulated in Appendix A and his studies must be undertaken at the University. Kiano would need to score 10 points under Appendix C (maintenance). He will need his first year s fees plus 7,380 ( 820 per month for the first 9 months of the course) if he was studying outside London or 9,180 inside London ( 1,020 per month for a maximum of 9 months as he wishes to study on a degree course) and would need this money to be in his bank account for 28 days before the application is made. At present he does not have this much money in savings so he would need to be advised of the extra maintenance money he would require and the need to have that in addition to the cost of the first year s fees. Kiano would be able to work for 20 hours per week during term-time, to supplement his studies, or for as long as he wanted during the holidays. He would still, however, require the extra money at the start of his degree or would not satisfy the requirements. For a degree level course of study, it is assumed that the sponsor is satisfied that the student has attained level B2 proficiency in English. However an Entry Clearance Officer can request demonstration of proficiency to level B2 competence at an interview rule 245 ZV (ca). If his application were successful he would be granted leave to enter for the period of his course plus an extra five months for a three-year degree, one month before the course and four months at the end of the course. Page 17 of 20

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS - JUNE 2014

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS - JUNE 2014 Note to Candidates and Tutors: LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS - JUNE 2014 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS - JUNE 2013

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS - JUNE 2013 Note to Candidates and Tutors: LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS - JUNE 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2017

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2017 Note to Candidates and Tutors: LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2017 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points

More information

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JUNE 2015

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JUNE 2015 Note to Candidates and Tutors: LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JUNE 2015 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2018

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2018 Note to Candidates and Tutors: LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2018 The purpose of the suggested answers is to provide candidates and tutors with guidance as to the key points

More information

The learner can: 1.1 Identify the sources of immigration law. 1.2 Explain the exclusionary nature of immigration control.

The learner can: 1.1 Identify the sources of immigration law. 1.2 Explain the exclusionary nature of immigration control. Unit 8 Title: Immigration Law Level: 6 Credit Value: 15 Learning outcomes The learner will: 1 Understand the framework of immigration control in the UK Assessment criteria The learner can: 1.1 Identify

More information

Immigration Act 2014 Article 8 ECHR

Immigration Act 2014 Article 8 ECHR Immigration Enforcement Immigration Act 2014 Article 8 ECHR Presented by Criminality Policy Team 2) Aims and Objectives Aim to explain the new Article 8 provisions in the Nationality, Immigration and Asylum

More information

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JUNE 2017

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JUNE 2017 Note to Candidates and Tutors: LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JUNE 2017 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Introducing Immigration Law. British Citizenship and the Right of Abode

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Introducing Immigration Law. British Citizenship and the Right of Abode Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Introducing Immigration Law 1.1 Introduction 1.2 Historical summary 1.2.1 Aliens 1.2.2 Controls on Commonwealth citizens

More information

Glossary of the Main Legal Words and Expressions Used In the Context of Asylum and Immigration

Glossary of the Main Legal Words and Expressions Used In the Context of Asylum and Immigration Glossary of the Main Legal Words and Expressions Used In the Context of Asylum and Immigration Legal: MW 174 December 2018 Revision It is hoped that users of the Migration Watch website may find this glossary

More information

1.2 Explain the exclusionary nature of immigration control.

1.2 Explain the exclusionary nature of immigration control. Unit 8 Title: Immigration Law Level: 6 Credit Value: 15 Learning outcomes The learner will: 1 Understand the framework of immigration control in the UK Assessment criteria The learner can: 1.1 Identify

More information

Deportation and Article 8 ECHR. Matthew Fraser 3 October 2018

Deportation and Article 8 ECHR. Matthew Fraser 3 October 2018 Deportation and Article 8 ECHR Matthew Fraser mfraser@landmarkchambers.co.uk 3 October 2018 Legal framework Immigration Act 1971 Section 3(5) of the Immigration Act 1971: A person who is not a British

More information

TABLE OF CORRESPONDENCE BETWEEN DIRECTIVE 2004/38/EC AND CURRENT EC LEGISLATION ON FREE MOVEMENT AND RESIDENCE OF UNION CITIZENS WITHIN THE EU

TABLE OF CORRESPONDENCE BETWEEN DIRECTIVE 2004/38/EC AND CURRENT EC LEGISLATION ON FREE MOVEMENT AND RESIDENCE OF UNION CITIZENS WITHIN THE EU TABLE OF CORRESPONDENCE BETWEEN DIRECTIVE 2004/38/EC AND CURRENT EC LEGISLATION ON FREE MOVEMENT AND RESIDENCE OF UNION CITIZENS WITHIN THE EU DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND THE COUNCIL

More information

The learner can: 1.1 Identify the sources of immigration law. 1.2 Explain the exclusionary nature of immigration control.

The learner can: 1.1 Identify the sources of immigration law. 1.2 Explain the exclusionary nature of immigration control. Unit 8 Title: Immigration Law Level: 6 Credit Value: 15 Learning outcomes The learner will: 1 Understand the framework of immigration control in the UK Assessment criteria The learner can: 1.1 Identify

More information

Glossary of the Main Legal Words and Expressions used in the Context of Asylum and Immigration

Glossary of the Main Legal Words and Expressions used in the Context of Asylum and Immigration Briefing Paper 8.0 www.migrationwatchuk.com used in the Context of Asylum and Immigration This revision introduces new definitions of protection claim and public interest considerations, both of which

More information

EMN FAMILY REUNIFICATION REPORT SMALL SCALE STUDY IV BY LEILA WRIGHT AND CHRISTINE LARSEN IMMIGRATION RESEARCH AND STATISTICS

EMN FAMILY REUNIFICATION REPORT SMALL SCALE STUDY IV BY LEILA WRIGHT AND CHRISTINE LARSEN IMMIGRATION RESEARCH AND STATISTICS EMN FAMILY REUNIFICATION REPORT SMALL SCALE STUDY IV BY LEILA WRIGHT AND CHRISTINE LARSEN IMMIGRATION RESEARCH AND STATISTICS EMN Small Scale Study IV Family Reunification Definitions The UK s definitions

More information

THE IMMIGRATION ACTS. Heard at Manchester Decision & Reasons Promulgated On 6 th February 2015 On 16 th February Before

THE IMMIGRATION ACTS. Heard at Manchester Decision & Reasons Promulgated On 6 th February 2015 On 16 th February Before IAC-AH-DN/DH-V1 Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: IA/13752/2014 THE IMMIGRATION ACTS Heard at Manchester Decision & Reasons Promulgated On 6 th February 2015 On 16 th February

More information

The Immigration (European Economic Area) Regulations 2006

The Immigration (European Economic Area) Regulations 2006 IMMIGRATION (EUROPEAN ECONOMIC AREA) REGULATIONS 2006 SI 2006/003 2006 No. 003 IMMIGRATION The Immigration (European Economic Area) Regulations 2006 Made - - - - 30th March 2006 Laid before Parliament

More information

INSTITUTE OF LEGAL EXECUTIVES IMMIGRATION LAW EXAMINER S REPORT AUTUMN 2007

INSTITUTE OF LEGAL EXECUTIVES IMMIGRATION LAW EXAMINER S REPORT AUTUMN 2007 Subject 40 INSTITUTE OF LEGAL EXECUTIVES IMMIGRATION LAW EXAMINER S REPORT AUTUMN 2007 There was a range of marks in this examination. As always, good candidates showed both knowledge and the ability to

More information

Seeking Refuge? A handbook for asylum-seeking women UPDATE 2014 FOLLOWING CHANGES TO THE IMMIGRATION RULES ON FAMILY MIGRATION

Seeking Refuge? A handbook for asylum-seeking women UPDATE 2014 FOLLOWING CHANGES TO THE IMMIGRATION RULES ON FAMILY MIGRATION Seeking Refuge? A handbook for asylum-seeking women UPDATE 2014 FOLLOWING CHANGES TO THE IMMIGRATION RULES ON FAMILY MIGRATION What does this Update cover? Please note that the law on asylum and the asylum

More information

Immigration Directorate Instruction Family Migration: Appendix FM Section 1.0a. Family Life (as a Partner or Parent): 5-Year Routes

Immigration Directorate Instruction Family Migration: Appendix FM Section 1.0a. Family Life (as a Partner or Parent): 5-Year Routes Immigration Directorate Instruction Family Migration: Appendix FM Section 1.0a Family Life (as a Partner or Parent): 5-Year Routes Contents Appendix FM 1.0 Family Life (as a Partner or Parent): 5-Year

More information

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents 2004L0038 EN 30.04.2004 000.003 1 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents B C1 DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT

More information

Smith (paragraph 391(a) revocation of deportation order) [2017] UKUT 00166(IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE CANAVAN.

Smith (paragraph 391(a) revocation of deportation order) [2017] UKUT 00166(IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE CANAVAN. Smith (paragraph 391(a) revocation of deportation order) [2017] UKUT 00166(IAC) Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Field House On 11 January 2017 Decision Promulgated

More information

IMMIGRATION & ASYLUM ACCREDITATION SCHEME

IMMIGRATION & ASYLUM ACCREDITATION SCHEME IMMIGRATION & ASYLUM ACCREDITATION SCHEME LEVEL 1 PROBATIONARY ASSESSMENT MULTIPLE CHOICE TEST Page 1 of 11 INSTRUCTIONS TO CANDIDATES The time allowed for this examination is 1½ hours. Using a pencil

More information

CHIEF EXAMINER COMMENTS

CHIEF EXAMINER COMMENTS CHIEF EXAMINER COMMENTS WITH SUGGESTED ANSWERS JANUARY 2019 LEVEL 6 UNIT 8 IMMIGRATION LAW Note to Candidates and Learning Centre Tutors: The purpose of the suggested answers is to provide candidates and

More information

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS - JUNE 2012

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS - JUNE 2012 Note to Candidates and Tutors: LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS - JUNE 2012 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

THE AIRE CENTRE Advice on Individual Rights in Europe

THE AIRE CENTRE Advice on Individual Rights in Europe THE AIRE CENTRE Advice on Individual Rights in Europe Written Evidence of the AIRE Centre to the Joint Committee on Human Rights on Violence against Women and Girls The AIRE Centre is a non-governmental

More information

Who is eligible for housing? By Amy Lush, 12 College Place

Who is eligible for housing? By Amy Lush, 12 College Place Who is eligible for housing? By Amy Lush, 12 College Place alush@12cp.co.uk 02380 320 320 Introduction Eligibility for housing allocation and housing assistance Non-EEA nationals EEA nationals Right to

More information

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2011

LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2011 Note to Candidates and Tutors: LEVEL 6 - UNIT 8 IMMIGRATION LAW SUGGESTED ANSWERS JANUARY 2011 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points

More information

REPUBLIC OF LITHUANIA LAW ON THE LEGAL STATUS OF ALIENS CHAPTER ONE GENERAL PROVISIONS

REPUBLIC OF LITHUANIA LAW ON THE LEGAL STATUS OF ALIENS CHAPTER ONE GENERAL PROVISIONS REPUBLIC OF LITHUANIA LAW ON THE LEGAL STATUS OF ALIENS Official translation 29 April 2004 No. IX-2206 As amended by 1 February 2008 No X-1442 Vilnius CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose

More information

Aswatte (fiancé(e)s of refugees) Sri Lanka [2011] UKUT 0476 (IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE JARVIS.

Aswatte (fiancé(e)s of refugees) Sri Lanka [2011] UKUT 0476 (IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE JARVIS. Upper Tribunal (Immigration and Asylum Chamber) Aswatte (fiancé(e)s of refugees) Sri Lanka [2011] UKUT 0476 (IAC) THE IMMIGRATION ACTS Heard at Field House On 2 November 2011 Determination Promulgated

More information

Information sheet for secondary advisers Permanent Residence

Information sheet for secondary advisers Permanent Residence Information sheet for secondary advisers Permanent Residence 1. Purpose 1.1 This information note is designed for secondary advisers to EEA nationals 1 and their family members who wish to know whether

More information

UK

UK Family Reunion 1. Introduction 1.1 Application of this instruction in respect of children and those with children 2. Family Reunion Policy 2.1 Eligibility 2.1.1 Eligible applicants 2.1.2 Ineligible applicants

More information

Form AN Application for naturalisation as a British citizen

Form AN Application for naturalisation as a British citizen Form AN Application for naturalisation as a British citizen October 2008 Naturalising as a British citizen in the future What are the proposed changes? On 20 February 2008 the Government published the

More information

FEANTSA Toolkit. Free Movement of EU citizens! and access to social assistance! Guidance for Homeless Service Providers

FEANTSA Toolkit. Free Movement of EU citizens! and access to social assistance! Guidance for Homeless Service Providers FEANTSA Toolkit Free Movement of EU citizens! and access to social assistance! Guidance for Homeless Service Providers The right to free movement between European Union (EU) Member States is one of the

More information

TIER 5. Tier 5 (Youth Mobility Scheme) of the Points Based System Policy Guidance

TIER 5. Tier 5 (Youth Mobility Scheme) of the Points Based System Policy Guidance TIER 5 (Yo u t h Mo b i l i t y Sc h e m e) Tier 5 (Youth Mobility Scheme) of the Points Based System Policy Guidance This guidance is to be used for applications made on or after 31 July 2010 Contents

More information

Bhimani (Student: Switching Institution: Requirements) [2014] UKUT (IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE ALLEN.

Bhimani (Student: Switching Institution: Requirements) [2014] UKUT (IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE ALLEN. Upper Tribunal (Immigration and Asylum Chamber) Bhimani (Student: Switching Institution: Requirements) [2014] UKUT 00516 (IAC) THE IMMIGRATION ACTS Heard at Field House On 30 September 2014 Determination

More information

FORM MN1 APPLICATION FOR REGISTRATION OF A CHILD UNDER 18 AS A BRITISH CITIZEN

FORM MN1 APPLICATION FOR REGISTRATION OF A CHILD UNDER 18 AS A BRITISH CITIZEN FORM MN1 APPLICATION FOR REGISTRATION OF A CHILD UNDER 18 AS A BRITISH CITIZEN December 2012 Application for registration of a child under 18 as a British citizen IMPORTANT: Before completing this form,

More information

Migrant workers Social services duties to provide accommodation and other services

Migrant workers Social services duties to provide accommodation and other services Law Centre (NI) Community Care Information Briefing No. 14 (Revised edition) August 2012 Migrant workers Social services duties to provide accommodation and other services At a glance It is likely that,

More information

THE 2007 LAW ON THE RIGHT OF UNION CITIZENS AND THEIR FAMILY MEMBERS TO MOVE AND RESIDE FREELY IN THE TERRITORY OF THE REPUBLIC

THE 2007 LAW ON THE RIGHT OF UNION CITIZENS AND THEIR FAMILY MEMBERS TO MOVE AND RESIDE FREELY IN THE TERRITORY OF THE REPUBLIC THE 2007 LAW ON THE RIGHT OF UNION CITIZENS AND THEIR FAMILY MEMBERS TO MOVE AND RESIDE FREELY IN THE TERRITORY OF THE REPUBLIC ARTICLES CLASSIFICATION PART I GENERAL PROVISIONS Article 1. Concise Title

More information

TIER 5. Tier 5 (Youth Mobility Scheme) of the Points - Based System Policy Guidance

TIER 5. Tier 5 (Youth Mobility Scheme) of the Points - Based System Policy Guidance TIER 5 (Youth Mobility Scheme) Tier 5 (Youth Mobility Scheme) of the Points - Based System Policy Guidance This guidance is to be used for applications made on or after 6 April 2012 CONTENTS Introduction...3

More information

THE IMMIGRATION ACTS. Before SENIOR IMMIGRATION JUDGE NICHOLS SENIOR IMMIGRATION JUDGE SOUTHERN. Between YS YY. and

THE IMMIGRATION ACTS. Before SENIOR IMMIGRATION JUDGE NICHOLS SENIOR IMMIGRATION JUDGE SOUTHERN. Between YS YY. and Asylum and Immigration Tribunal YS and YY (Paragraph 352D - British national sponsor former refugee) Ethiopia [2008] UKAIT 00093 THE IMMIGRATION ACTS Heard at Field House On 16 September 2008 Before SENIOR

More information

Appendix ECAA indefinite leave to remain (ILR) and further leave to remain (FLR) guidance Version 1.0

Appendix ECAA indefinite leave to remain (ILR) and further leave to remain (FLR) guidance Version 1.0 Appendix ECAA indefinite leave to remain (ILR) and further leave to remain (FLR) guidance Version 1.0 This guidance is based on Appendix ECAA of the Immigration Rules Page 1 of 62 Published for Home Office

More information

No.8 Chambers Immigration Seminar 2017 CURRENT LAW UPDATE STEPHEN VOKES

No.8 Chambers Immigration Seminar 2017 CURRENT LAW UPDATE STEPHEN VOKES No.8 Chambers Immigration Seminar 2017 CURRENT LAW UPDATE STEPHEN VOKES HEAD OF THE IMMIGRATION, ASYLUM AND HUMAN RIGHTS TEAM NO 8 CHAMBERS, BIRMINGHAM 1) The Changing Statutory Landscape The relatively

More information

Tier 1 (post-study work) Application Form - Section

Tier 1 (post-study work) Application Form - Section Tier 1 (post-study work) Application Form - Section Addendum: Tier 1 (Post-Study Work) of the points-based system Policy guidance This document contains guidance to our policy on Tier 1 (Post-Study Work)

More information

Immigration Act 2014 implementation as at September 2014 Guidance from the Race Equality Foundation and Equanomics-UK

Immigration Act 2014 implementation as at September 2014 Guidance from the Race Equality Foundation and Equanomics-UK This information has been drawn from the 2014 Act, the Explanatory Notes to the Act, the first 2 commencement orders and guidance prepared in Sept.2014 by JCWI s Legal & Policy Director. The information

More information

ACT ON AMENDMENDS TO THE ASYLUM ACT. Title I GENERAL PROVISIONS. Article 1

ACT ON AMENDMENDS TO THE ASYLUM ACT. Title I GENERAL PROVISIONS. Article 1 ACT ON AMENDMENDS TO THE ASYLUM ACT Title I GENERAL PROVISIONS Article 1 This Act stipulates the principles, conditions and the procedure for granting asylum, subsidiary protection, temporary protection,

More information

Alison Harvey, Legal Director ILPA for AVID 12 June 2015

Alison Harvey, Legal Director ILPA for AVID 12 June 2015 Immigration Act 2014 Alison Harvey, Legal Director ILPA for AVID 12 June 2015 The Immigration Act 2014 has changed the way bail operates. It has put a definition of Article 8 of the European Convention

More information

THE IMMIGRATION ACTS. On 8 May 2018 On 10 May Before UPPER TRIBUNAL JUDGE HANSON. Between. KAMAL [A] (anonymity direction not made) and

THE IMMIGRATION ACTS. On 8 May 2018 On 10 May Before UPPER TRIBUNAL JUDGE HANSON. Between. KAMAL [A] (anonymity direction not made) and Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: DA/01921/2014 THE IMMIGRATION ACTS Heard at Bradford Decision & Reasons promulgated On 8 May 2018 On 10 May 2018 Before UPPER TRIBUNAL JUDGE

More information

Immigration, Asylum and Refugee ASYLUM REGULATIONS 2008

Immigration, Asylum and Refugee ASYLUM REGULATIONS 2008 Legislation made under s. 55. (LN. ) Commencement 2.10.2008 Amending enactments None Relevant current provisions Commencement date EU Legislation/International Agreements involved: Directive 2003/9/EC

More information

Ihemedu (OFMs meaning) Nigeria [2011] UKUT 00340(IAC) THE IMMIGRATION ACTS. Before SENIOR IMMIGRATION JUDGE STOREY. Between

Ihemedu (OFMs meaning) Nigeria [2011] UKUT 00340(IAC) THE IMMIGRATION ACTS. Before SENIOR IMMIGRATION JUDGE STOREY. Between Upper Tribunal (Immigration and Asylum Chamber) Ihemedu (OFMs meaning) Nigeria [2011] UKUT 00340(IAC) THE IMMIGRATION ACTS Heard at Field House On 16 May 2011 Determination Promulgated 17 August 2011 Before

More information

DECISION AND REASONS

DECISION AND REASONS Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: DC/00011/2017 THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 7 December 2017 On 11 December 2017 Before UPPER

More information

Act on the General Freedom of Movement for EU Citizens (Freedom of Movement Act/EU) of 30 July 2004 (Federal Law Gazette I, p.

Act on the General Freedom of Movement for EU Citizens (Freedom of Movement Act/EU) of 30 July 2004 (Federal Law Gazette I, p. Translation Act on the General Freedom of Movement for EU Citizens (Freedom of Movement Act/EU) of 30 July 2004 (Federal Law Gazette I, p. 1950, 1986) last amended by Art. 2 of the Act to Implement Residence-

More information

Statutory Document 2018/0084

Statutory Document 2018/0084 Statutory Document 2018/0084 STATEMENT OF CHANGES IN IMMIGRATION RULES Laid before Tynwald on 17 April 2018 under section 3(2) of the Immigration Act 1971 (an Act of Parliament as extended to the Isle

More information

1. UK Work Visas. Our Fee

1. UK Work Visas. Our Fee s We offer professional services at very reasonable fees. Please note we do not charge VAT. agreed fee covers all the work until we receive a written decision for the stage of the application or appeal

More information

ASYLUM AND IMMIGRATION TRIBUNAL

ASYLUM AND IMMIGRATION TRIBUNAL ST and others (Article 3.2: Scope of regulations) India [2007] UKAIT 00078 ASYLUM AND IMMIGRATION TRIBUNAL THE IMMIGRATION ACTS Heard at: Birmingham 13 July 2007 Date of Hearing: Before: Mr C M G Ockelton,

More information

Gheorghiu (reg 24AA EEA Regs relevant factors) [2016] UKUT (IAC) THE IMMIGRATION ACTS

Gheorghiu (reg 24AA EEA Regs relevant factors) [2016] UKUT (IAC) THE IMMIGRATION ACTS Upper Tribunal (Immigration and Asylum Chamber) Gheorghiu (reg 24AA EEA Regs relevant factors) [2016] UKUT 00024 (IAC) THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 18 November

More information

Annex A to BG Dated 22 Jan 15. ANNEX K - Adult Children of Former Gurkhas

Annex A to BG Dated 22 Jan 15. ANNEX K - Adult Children of Former Gurkhas Annex A to BG 03.01.01 Dated 22 Jan 15 ANNEX K - Adult Children of Former Gurkhas 1. For the purposes of this guidance, a former Gurkha is a Gurkha who completed their service in the Brigade of Gurkhas

More information

Before : MRS JUSTICE LANG DBE Between : THE QUEEN on the application of. - and - SECRETARY OF STATE FOR THE

Before : MRS JUSTICE LANG DBE Between : THE QUEEN on the application of. - and - SECRETARY OF STATE FOR THE Neutral Citation Number: [2017] EWHC 3298 (Admin) Case No: CO/1440/2017, CO/2016/2017 & CO/2384/2017 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION ADMINISTRATIVE COURT Before : MRS JUSTICE LANG DBE

More information

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE GILL. Between. THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Appellant. And

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE GILL. Between. THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Appellant. And Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: IA/33087/2015 THE IMMIGRATION ACTS Heard at Field House Decision Promulgated On 16 June 2017 On 20 June 2017 Before UPPER TRIBUNAL JUDGE GILL

More information

Deportation Appeals. Preparing your Article 8 Deportation Appeal

Deportation Appeals. Preparing your Article 8 Deportation Appeal Deportation Appeals Preparing your Article 8 Deportation Appeal July 2017 Bail for Immigration Detainees (BID) is a national charity that provides legal advice and representation to individuals held under

More information

Ukus (discretion: when reviewable) [2012] UKUT 00307(IAC) THE IMMIGRATION ACTS. Before. Mr C.M.G. Ockelton, Vice President Upper Tribunal Judge Jordan

Ukus (discretion: when reviewable) [2012] UKUT 00307(IAC) THE IMMIGRATION ACTS. Before. Mr C.M.G. Ockelton, Vice President Upper Tribunal Judge Jordan Upper Tribunal (Immigration and Asylum Chamber) Ukus (discretion: when reviewable) [2012] UKUT 00307(IAC) THE IMMIGRATION ACTS Heard at Field House On 6 March 2012 Determination Promulgated Before Mr C.M.G.

More information

DOMESTIC ABUSE VICTIMS WITH NO RECOURSE TO PUBLIC FUNDS PRACTICE GUIDANCE OXFORDSHIRE

DOMESTIC ABUSE VICTIMS WITH NO RECOURSE TO PUBLIC FUNDS PRACTICE GUIDANCE OXFORDSHIRE DOMESTIC ABUSE VICTIMS WITH NO RECOURSE TO PUBLIC FUNDS PRACTICE GUIDANCE OXFORDSHIRE 2010 Introduction The purpose of this guide is to assist practitioners who support people with no recourse to public

More information

Nationality, Immigration and Asylum Bill

Nationality, Immigration and Asylum Bill Nationality, Immigration and Asylum Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 119 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Mr Secretary

More information

Before : LORD JUSTICE VOS and LORD JUSTICE SIMON and

Before : LORD JUSTICE VOS and LORD JUSTICE SIMON and Neutral Citation Number: [2016] EWCA Civ 81 Case No: C5/2013/1756 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE UPPER TRIBUNAL (IAC) Upper Tribunal Judges Storey and Pitt IA/03532/2007 Royal

More information

EEA nationals & their family members

EEA nationals & their family members EEA nationals & their family members Immigration Overview 1 Introduction This seminar is designed to provide information to European Economic Area (EEA) nationals or those who have family members who are

More information

NATIONALITY, IMMIGRATION AND ASYLUM ACT

NATIONALITY, IMMIGRATION AND ASYLUM ACT NATIONALITY, IMMIGRATION AND ASYLUM ACT EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Nationality, Immigration and Asylum Act, which received Royal Assent on 7 November 2002.

More information

FORM MN1 APPLICATION FOR REGISTRATION OF A CHILD UNDER 18 AS A BRITISH CITIZEN

FORM MN1 APPLICATION FOR REGISTRATION OF A CHILD UNDER 18 AS A BRITISH CITIZEN FORM MN1 APPLICATION FOR REGISTRATION OF A CHILD UNDER 18 AS A BRITISH CITIZEN April 2008 2 Application for registration of a child under 18 as a British citizen IMPORTANT: Before completing this form,

More information

British Nationality and Right of Abode

British Nationality and Right of Abode British Nationality and Right of Abode 7 CHAPTER 2 British Nationality and Right of Abode 2.1 Introduction 7 2.2 British citizenship 7 2.3 Commonwealth citizens with right of abode 15 2.4 Historical background

More information

Categories of migrant not affected by the HSMP Forum Ltd Judgment:

Categories of migrant not affected by the HSMP Forum Ltd Judgment: Tier 1 (post-study work) Application Form - Section Addendum: The HSMP Forum Ltd Judgment of April 2008 Before making an application on the Tier 1 (General) application form, migrants should consider whether

More information

THE IMMIGRATION ACTS. 23 July September Before MR C M G OCKELTON, VICE PRESIDENT UPPER TRIBUNAL JUDGE GRUBB. Between

THE IMMIGRATION ACTS. 23 July September Before MR C M G OCKELTON, VICE PRESIDENT UPPER TRIBUNAL JUDGE GRUBB. Between Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Newport Decision & Reasons Promulgated 23 July 2015 2 September 2015 Before MR C M G OCKELTON, VICE PRESIDENT UPPER TRIBUNAL

More information

EEA Nationals not subject to immigration control Immigration (EEA) Regulations 2006

EEA Nationals not subject to immigration control Immigration (EEA) Regulations 2006 An EEA national is a person who is a citizen of an EEA country (not someone who simply has permission to live there.). The various free movement provisions also cover EEA nationals family members, whether

More information

UK Visas & Immigration

UK Visas & Immigration PARTIALLY COMPLETED APPLICATION APPLICANT NAME: Mr Wesley Gryk NUMBER OF APPLICANTS: 3 PASSPORT NUMBER: PL1234567 COUNTRY OF NATIONALITY: Poland DATE OF APPLICATION: TYPE OF VISA / APPLICATION: EEA (PR)

More information

THE IMMIGRATION ACTS. On 20 January 2006 On 07 March Before MR P R LANE (SENIOR IMMIGRATION JUDGE) SIR JEFFREY JAMES. Between.

THE IMMIGRATION ACTS. On 20 January 2006 On 07 March Before MR P R LANE (SENIOR IMMIGRATION JUDGE) SIR JEFFREY JAMES. Between. Asylum and Immigration Tribunal SY and Others (EEA regulation 10(1) dependancy alone insufficient) Sri Lanka [2006] 00024 THE IMMIGRATION ACTS Heard at Field House Promulgated On 20 January 2006 On 07

More information

Pembele (Paragraph 399(b)(i) valid leave meaning) [2013] UKUT (IAC) THE IMMIGRATION ACTS. Before

Pembele (Paragraph 399(b)(i) valid leave meaning) [2013] UKUT (IAC) THE IMMIGRATION ACTS. Before Upper Tribunal (Immigration and Asylum Chamber) Pembele (Paragraph 399(b)(i) valid leave meaning) [2013] UKUT 00310 (IAC) THE IMMIGRATION ACTS Heard at : Field House On : 18 April 2013 Determination Promulgated

More information

RIGHT OF ENTERING AND LEAVING THE REPUBLIC OF BULGARIA

RIGHT OF ENTERING AND LEAVING THE REPUBLIC OF BULGARIA ACT ON ENTERING, RESIDING AND LEAVING THE REPUBLIC OF BULGARIA BY EUROPEAN UNION CITIZENS, WHO ARE NOT BULGARIAN CITIZENS AND THEIR FAMILY MEMBERS (TITLE SUPPL. SG 97/16) In force from the date of entry

More information

. C O U N T R Y FIN C H A P T E FINLAND BY THE GOVERNMENT OF FINLAND

. C O U N T R Y FIN C H A P T E FINLAND BY THE GOVERNMENT OF FINLAND . C O U N T R Y R FIN C H A P T E FINLAND BY THE GOVERNMENT OF FINLAND 1 Finland Overview Resettlement Programme since: 1985 Selection Missions: Yes Dossier Submissions: 100 urgent/emergency Resettlement

More information

EU GUIDE. Questions and answers about the rights of EU citizens

EU GUIDE. Questions and answers about the rights of EU citizens EU GUIDE Questions and answers about the rights of EU citizens FEANTSA is a European federation of national organisations that work with the homeless. FEANTSA was founded in 1989 as a non-governmental

More information

IMMIGRATION & ASYLUM RE-ACCREDITATION SCHEME

IMMIGRATION & ASYLUM RE-ACCREDITATION SCHEME IMMIGRATION & ASYLUM RE-ACCREDITATION SCHEME Level 2 WRITTEN EXAMINATION Date: 7 th October 2014 Page 1 of 13 INSTRUCTIONS TO CANDIDATES THE INVIGILATORS ARE UNABLE TO ANSWER ANY QUESTIONS ABOUT THE EXAM

More information

EUROPEAN EXTERNAL ACTION SERVICE

EUROPEAN EXTERNAL ACTION SERVICE C 12/8 Official Journal of the European Union 14.1.2012 EUROPEAN EXTERNAL ACTION SERVICE Decision of the High Representative of the Union for Foreign Affairs and Security Policy of 23 March 2011 establishing

More information

A basic guide to making an application to revoke a Deportation Order for Non EEA Nationals based on family and/or private life (Article 8) in the UK

A basic guide to making an application to revoke a Deportation Order for Non EEA Nationals based on family and/or private life (Article 8) in the UK A basic guide to making an application to revoke a Deportation Order for Non EEA Nationals based on family and/or private life (Article 8) in the UK Jan 2019 Bail for Immigration Detainees (BID) is a national

More information

HR Services. Procedures For The Employment of Migrant Workers SECTION ONE. Contents:

HR Services. Procedures For The Employment of Migrant Workers SECTION ONE. Contents: HR Services Procedures For The Employment of Migrant Workers Contents: SECTION 1 - Introduction to and requirements for the employment of migrant workers - Pages SECTION 2 - Undertaking checks on the immigration

More information

Unofficial translation by the Ministry of Interior / Hungarian National Contact Point of the European Migration Network

Unofficial translation by the Ministry of Interior / Hungarian National Contact Point of the European Migration Network Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals and the Government Decree 114/2007 (V. 24.) on the Implementation of Act II of 2007 on the Admission and Right of Residence

More information

THE IMMIGRATION ACTS. Before THE HONOURABLE LORD BURNS (SITTING AS A JUDGE OF THE UPPER TRIBUNAL) DEPUTY UPPER TRIBUNAL JUDGE FROOM.

THE IMMIGRATION ACTS. Before THE HONOURABLE LORD BURNS (SITTING AS A JUDGE OF THE UPPER TRIBUNAL) DEPUTY UPPER TRIBUNAL JUDGE FROOM. Upper Tribunal (Immigration and Asylum Chamber) THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 15 August 2017 On 28 September 2017 Before THE HONOURABLE LORD BURNS (SITTING

More information

Official Journal of the European Union

Official Journal of the European Union L 304/12 30.9.2004 COUNCIL DIRECTIVE 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise

More information

And RA (ANONYMITY ORDER MADE) ANONYMITY ORDER

And RA (ANONYMITY ORDER MADE) ANONYMITY ORDER Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: VA / 00331 / 2015 THE IMMIGRATION ACTS Heard at Field House Decision & Reasons Promulgated On 12 May 2016 On 19 May 2016 Before: UPPER TRIBUNAL

More information

of 16 December 2005 (Status as of 1 February 2014) Chapter 1: Subject Matter and Scope of Application

of 16 December 2005 (Status as of 1 February 2014) Chapter 1: Subject Matter and Scope of Application English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Federal Act on Foreign Nationals (Foreign Nationals Act,

More information

CHAPTER 420 REFUGEES ACT

CHAPTER 420 REFUGEES ACT REFUGEES [CAP. 420. 1 CHAPTER 420 REFUGEES ACT AN ACT to make provisions relating to and establishing procedures with regard to refugees and asylum seekers. ACT XX of 2000. 1st October, 2001 PART I General

More information

Number 66 of International Protection Act 2015

Number 66 of International Protection Act 2015 Number 66 of 2015 International Protection Act 2015 Number 66 of 2015 INTERNATIONAL PROTECTION ACT 2015 CONTENTS PART 1 PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Regulations

More information

COMMONWEALTH SECRETARIAT CARICOM SECRETARIAT COMMONWEALTH FUND FOR TECHNICAL COOPERATION. Explanatory Memorandum on draft Model Legislation

COMMONWEALTH SECRETARIAT CARICOM SECRETARIAT COMMONWEALTH FUND FOR TECHNICAL COOPERATION. Explanatory Memorandum on draft Model Legislation COMMONWEALTH SECRETARIAT CARICOM SECRETARIAT COMMONWEALTH FUND FOR TECHNICAL COOPERATION Explanatory Memorandum on draft Model Legislation relating to CITIZENSHIP Under the constitutions of certain Caricom

More information

MAH (dual nationality permanent residence) Canada [2010] UKUT 445 (IAC) THE IMMIGRATION ACTS. Before

MAH (dual nationality permanent residence) Canada [2010] UKUT 445 (IAC) THE IMMIGRATION ACTS. Before Upper Tribunal (Immigration and Asylum Chamber) MAH (dual nationality permanent residence) Canada [2010] UKUT 445 (IAC) THE IMMIGRATION ACTS Heard at Belfast On 28 October 2010 Determination Promulgated

More information

of 16 December 2005 (Status as of 1 January 2018)

of 16 December 2005 (Status as of 1 January 2018) English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Federal Act on Foreign Nationals (Foreign Nationals Act,

More information

Child Tax Credit Regulations 2002

Child Tax Credit Regulations 2002 2002/2007 Child Tax Credit Regulations 2002 Made by the Treasury under TCA 2002 ss 8, 9, 65, 67 [MAIN Made 30 July 2002 Coming into force in accordance with regulation 1 1 Citation, commencement and effect

More information

Child Tax Credit Regulations 2002

Child Tax Credit Regulations 2002 2002/2007 Child Tax Credit Regulations 2002 Made by the Treasury under TCA 2002 ss 8, 9, 65, 67 Made 30 July 2002 Coming into force in accordance with regulation 1 [MAIN 1 Citation, commencement and effect

More information

Pirzada (Deprivation of citizenship: general principles) [2017] UKUT (IAC) THE IMMIGRATION ACTS. Before

Pirzada (Deprivation of citizenship: general principles) [2017] UKUT (IAC) THE IMMIGRATION ACTS. Before Upper Tribunal (Immigration and Asylum Chamber) Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 00196 (IAC) THE IMMIGRATION ACTS Heard at Stoke On 24 November 2016 Promulgated on Before

More information

E-A (Article 8 best interests of child) Nigeria [2011] UKUT THE IMMIGRATION ACTS. Before

E-A (Article 8 best interests of child) Nigeria [2011] UKUT THE IMMIGRATION ACTS. Before Upper Tribunal (Immigration and Asylum Chamber) (IAC) E-A (Article 8 best interests of child) Nigeria [2011] UKUT 00315 THE IMMIGRATION ACTS Heard at Field House Determination Promulgated On 12 July 2011

More information

Personal particulars for character assessment

Personal particulars for character assessment Personal particulars for character assessment Form 80 This form is to be completed in English by applicants for visas for Australia who are 16 years of age or over, as requested by the office processing

More information

[Section 10(2)(c) to (k); Regulation 9(1)] Work Visa: Intra-company

[Section 10(2)(c) to (k); Regulation 9(1)] Work Visa: Intra-company STAATSKOERANT, 22 MEI 2014. 37679 79 (DHA-1738) Form 8 DEPARTMENT OF HOME AFFAIRS REPUBLIC OF SOUTH AFRICA APPLICATION FOR VISA TO TEMPORARILY SOJOURN IN THE REPUBLIC [Section 10(2)(c) to (k); Regulation

More information

Asylum and Humanitarian Protection

Asylum and Humanitarian Protection Asylum and Humanitarian Protection for Lesbian, Gay and Bisexual (LGB) People A guide designed to provide an overview of asylum law and humanitarian protection for lesbian, gay and bisexual people. Contents

More information

325/1999 Coll. ACT on Asylum

325/1999 Coll. ACT on Asylum ASPI System status as at 3.4.2016 in Part 39/2016 Coll. and 6/2016 Coll. - International Agreements - RA845 325/1999 Coll. Asylum Act latest status of the text 325/1999 Coll. ACT on Asylum of 11 November

More information