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By Colin Yeo, 8 March 2011
In R (on the application of MN (Tanzania)) v Secretary of State for the Home Department [2011] EWCA Civ 193 the Court of Appeal has yet again returned to the vexed issue of the standard of review in asylum fresh claim judicial reviews. As Mark discussed last week, this category of judicial review...
By Mark Symes, 4 March 2011
Presently the Administrative Court has a power to transfer judicial review proceedings into the Upper Tribunal: but rather a sterile one in the immigration field, because of the wording of section 31A of the Seniors (previously, Supreme) Courts Act 1981, which excludes judicial review where it...
By Mark Symes, 12 February 2011
As entry for migrants becomes increasingly difficult under the Points Based System, it is necessary to consider what other avenues might be available for firms to bring staff into the United Kingdom. For those firms incorporated elsewhere in the European Union there may be an avenue under the...
By Mark Symes, 26 January 2011
Can an asylum seeker be a student for immigration rule purposes ? This matters in practice, because if they can, it might be wrong for the Secretary of State to curtail their leave to remain as a student when refusing them asylum. Time there was when one might have imagined only answer to this...
By Colin Yeo, 20 December 2010
The High Court recently had reason to consider the extent to which courts and tribunals are able to bind non-parties with a determination or judgment. The case is R (on the application of PM) v Hertfordshire County Council [2010] EWHC 2056 (Admin) (04 August 2010) and it makes interesting reading...
By Mark Symes, 13 November 2010
The remedies for those who have been refused entry clearance (visas) under the Points Based System (PBS) are rather slight. There is in general no appeal under the immigration rules, a restriction achieved by a rather arcane legislative route: section 88A(1) of the Nationality Immigration and...
By Colin Yeo, 26 October 2010
The Government intends to start charging fees to lodge immigration appeals, including asylum appeals. A 12 week public consultation has been launched. You can have your say and access the relevant documents here. The proposed fee levels are as follows: Around £65 for paper hearings in the...
By Mark Symes, 17 August 2010
Nothing quite gets the blood racing like this topic. So I thought I would briefly write about some aspects of the question. Firstly, of course, it must be appreciated that there is no such thing as an amnesty officially acknowledged. Such material as there is inhabits the blandly designated...
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