THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 8 IMMIGRATION LAW *

Transcription

1 9 June 2015 Level 6 IMMIGRATION LAW Subject Code L6 8 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 8 IMMIGRATION LAW * Time allowed: 3 hours plus 15 minutes reading time Instructions to Candidates You have FIFTEEN minutes to read through this question paper before the start of the examination. It is strongly recommended that you use the reading time to read the question paper fully. However, you may make notes on the question paper or in your answer booklet during this time, if you wish. All questions carry 25 marks. Answer FOUR only of the following EIGHT questions. The question paper is divided into TWO sections. You MUST answer at least ONE question from Section A and at least ONE question from Section B. Write in full sentences a yes or no answer will earn no marks. Candidates may use in the examination their own unmarked copy of the designated statute book: Immigration Law Handbook, 8 th edition, Phelan and Gillespie, Oxford University Press, Candidates must comply with the CILEx Examination Regulations. Full reasoning must be shown in answers. Statutory authorities, decided cases and examples should be used where appropriate. Information for Candidates The mark allocation for each question and part question is given and you are advised to take this into account in planning your work. Write in blue or black ink or ballpoint pen. Attention should be paid to clear, neat handwriting and tidy alterations. Complete all rough work in your answer booklet. Cross through any work you do not want marked. Do not turn over this page until instructed by the Invigilator. * This unit is a component of the following CILEx qualifications: LEVEL 6 CERTIFICATE IN LAW, LEVEL 6 PROFESSIONAL HIGHER DIPLOMA IN LAW AND PRACTICE and the LEVEL 6 DIPLOMA IN LEGAL PRACTICE Page 1 of 8

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3 SECTION A (Answer at least one question from this section) 1. (a) Critically analyse the impact of the Immigration Act 2014 on the rights and grounds of appeal against immigration decisions in the UK. (12 marks) (b) Explain how the Immigration Act 2014 impacts on the public interest factors to be considered in cases involving deportation and Article 8 of the European Convention on Human Rights. (13 marks) (Total: 25 marks) 2. Explain and analyse the requirements and case law governing the grant of indefinite leave to enter for children to settle in the UK with a natural parent or both natural parents. 3. (a) Explain the processes of, and qualifications for, registration and naturalisation as a British citizen in the UK. (15 marks) (b) Explain and analyse the legal provisions enabling people to be deprived of their British citizenship, but also enabling them to appeal against this. (10 marks) (Total: 25 marks) 4. Explain the requirements for entry as a general visitor to the UK and analyse the problems that can be encountered by a person applying within this category. Page 3 of 8 Turn over

4 SECTION B (Answer at least one question from this section) Question 1 Cora, Heidi and Sienna are friends living in Jamaica who wish to move to the UK and work here. They are all Jamaican nationals. Cora wishes to set up a photography business in the UK. She has 210,000 held in a Lloyds bank account, which she wishes to use for this purpose and to maintain herself in the UK. Cora has obtained the Jamaican equivalent of a masters degree in business management, which was taught in English. Heidi is a management consultant and has just won the Jamaican lottery. She has the equivalent of 2.5 million that she wishes to invest in UK industry. She has two friends working here who are partners in a management consultancy firm in London and she wishes to invest money in the business and enter into a partnership with her friends. Sienna is an internationally recognised entertainer who is being sponsored by a UK theatre company, Cabaret, to play a leading role in a production running from August 2015 to August She has 4,200 in savings and will be paid by Cabaret for her work in the UK. She currently earns 75,000 per annum and this wage will continue at the same rate whilst she is in the UK. Cabaret will also be paying for her accommodation in the UK. Cora, Heidi and Sienna have requested your advice on the legal requirements for them to enter the UK. They are also interested to know the period and type of leave they would be granted if their applications were successful. Advise Cora, Heidi and Sienna. Page 4 of 8

5 Question 2 Mehdi is a homosexual from Iran. Homosexuality is illegal in Iran and can carry the death penalty. The Home Office Report on Iran refers to sources claiming homosexuals are not systematically persecuted in Iran and that no recent executions have occurred. Other sources in the same report describe systematic arrest and torture of homosexuals and a number of men being sentenced to death. The US Department of State Report details severe restrictions on press reporting of executions, claiming the real number could be considerably higher. It also states that trials are unfair, in private and often without access to legal advice. In the past, Mehdi has been detained for two weeks on the grounds of suspected homosexual conduct and was beaten severely several times during his detention. On one occasion, he was tortured by having a red-hot pole pressed against his bare leg. A medical report confirms the scarring is consistent with this treatment. During his detention, Mehdi was held in an overcrowded cell with several other prisoners. There were no sanitary facilities in the cell and they were only given food and water once a day. At the time of his detention, Mehdi was in a relationship with another man, Farshad. The authorities had suspected this but at the time had no proof. Mehdi fears imprisonment and torture if returned to Iran and possibly execution after an unfair trial. The Home Office has refused Mehdi s claim on the grounds that, although they accept that he is a homosexual, they do not believe that he has been persecuted in the past and therefore claim he would not be at risk of persecution on return. The Home Office also maintains that, in any event, there is sufficient protection in Mehdi s home area in Iran as the police tolerate homosexuality to a degree and homosexuals are not routinely persecuted. The Home Office accepts that Mehdi is a homosexual but argue he could avoid persecution by acting discreetly to avoid the attention of the authorities. Mehdi s ex-partner in Iran, Farshad, has disappeared after being taken away by the security forces and neither Mehdi nor Farshad s family know what has happened to him. They suspect that he has been executed. A summons has been issued for Mehdi s arrest, which has been delivered to his family home in Iran. (a) (b) Explain how the claims of the Home Office can be refuted and how Mehdi can meet the definition of a refugee. (18 marks) Explain what further Article 3 ECHR grounds you could put forward on behalf of Mehdi. (7 marks) (Total: 25 marks) Turn over Page 5 of 8

6 Question 3 Matilda is a 27-year-old British citizen employed in the UK as a fitness instructor for Maximum Fitness Gym, earning 16,600 per year. Matilda has worked for Maximum Fitness Gym for just over three years. Matilda also has savings of 25,000 that have been held in her bank account for the past seven months. She inherited this money from her grandmother, who died last year. Her parents have also advised that they can provide help financially if necessary. They are currently paying half of the 500 monthly rent on Matilda s two-bedroomed terraced house. Matilda wishes to sponsor her partner, Henriette (a Cameroonian national), to come to the UK to settle as her partner. They have no plans to enter into a civil partnership or get married but wish to continue cohabiting. Henriette is 22 years old and has recently completed a three-year business studies degree in the UK. A few weeks ago, she returned to Cameroon, her country of origin. For the previous two years and one month Henriette was living with Matilda in the UK as her partner. Henriette had worked at a supermarket part-time throughout her studies and had helped Matilda with household bills payments as much as she could. Henriette is hoping to find a graduate job in the UK but does not have a job secured at the present time. Matilda is worried that she does not have sufficient income to sponsor Henriette. Matilda also wishes to know the duration of the leave that Henriette will be granted, if the application succeeds, and whether she will eventually be able to get settlement. Advise Matilda on all the relevant rules and issues arising in making an application for Henriette to obtain entry clearance to the UK. Page 6 of 8

7 Question 4 Marie is a French national. She is a nurse and wishes to come to the UK to work, as her sister lives here and she wants to be closer to her. She has recently been offered a part-time post with a publicly funded hospital in England. Marie has a 22-year-old disabled son, Jean-Paul, who is also French and dependent on Marie. He is wheelchair-bound after being involved in a car accident when he was 10. He also suffers from learning difficulties resulting from a head trauma sustained during the accident. His father, Marie s husband, died in the accident. Marie has not remarried, and lived with Jean-Paul in an adapted bungalow in Lyon in France, before coming to the UK. Marie and Jean-Paul recently arrived in England for Marie to take up her post. They are living in Bedford with her close friend Diane (a British citizen), who has had her bungalow adapted for Jean-Paul s needs. Diane has a very good job as a dentist, and lives alone. She will not charge Marie and Jean-Paul any rent and is happy to help them out financially as much as they need her to. Marie has applied for a registration certificate to enable her to work and reside in the UK for five years. The Home Office has now refused this saying that she is not a qualified person, as the post at the hospital is only part-time. The Home Office also claims that Marie and Jean-Paul would be a burden on public funds as they would not be self-sufficient. Marie has 5,200 in savings, which, if necessary, she can use for herself and Jean-Paul to live on while she seeks alternative employment. She intends to sign on at her local job centre. She would, however, prefer to work at the hospital in the job she has secured. Explain the relevant rights of Marie and Jean-Paul, as European Union citizens, in this situation. End of Examination Paper 2015 The Chartered Institute of Legal Executives Page 7 of 8

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