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Latest UK & International Legal News

Home Office will appeal High Court ruling on the minimum income threshold for non-EEA spouses

The Home Office announced on Friday that it will appeal the High Court's judgment earlier this month which found that the minimum earnings threshold required to bring in a non-European Economic Area spouse under the Immigration Rules amounts to a disproportionate interference with family life. We reported on the judgment (MM v Secretary of State for the Home Department) and the subsequent pause in some Home Office decision-making here. According to the Home Office's July 26th statement, that pause remains in place until the case is finally determined by the Courts. Announcing its decision to appeal MM, the statement explained that the Home Office believes matters of public policy, including the detail of how the minimum income threshold should operate, are for the Government and Parliament to determine, not the Courts. "We are therefore pursuing an appeal against the judgment. We have asked the Court of Appeal to expedite this. In the meantime, where an applicant does not meet the minimum income threshold and there is no other reason to refuse it, the application will be put on hold," the statement continued.

Channel 4 News: A thousand or more asylum seekers may have been wrongly convicted for using false passports

Channel 4 News' Simon Israel has reported today that a thousand or more asylum seekers may have been wrongly convicted for using false passports to travel to the UK. According to Channel 4 News, the Court of Appeal today quashed the criminal convictions of five asylum seekers in a case brought by the Criminal Cases Review Commission.channel-4-news-a-thousand-or-more-asylum-seekers The Commission says the original convictions are tantamount to a substantial failure and abuse of the law, as the asylum seekers were allowed a defence which was denied to them. Israel tweeted that the Commission said the decisions to prosecute were flawed, defence advice to plead guilty was wrong and judges should have done more to stop it happening. According to Channel 4 News, the Commission believes that it is possible a thousand or more asylum seekers may have been wrongly convicted.

High Court finds family immigration rules are not unlawful but the earnings threshold amounts to a disproportionate interference with family life

The High Court has today handed down judgment in a judicial review challenge to changes to the Immigration Rules introduced by the addition of Appendix FM last year. If your leave to enter or further leave to remain was refused based on maintenance, please contact us on 0207 237 3388 or e-mail us on info@icslegal.com.  BBC News notes that under the Immigration Rules only British citizens, or those with refugee status, who earn at least £18,600 a year can sponsor their non-European spouse's visa. The three appeals before the High Court challenged the rules on the basis that they are discriminatory and interfere with the right to a private and family life. In the judgment, BBC News reports that Justice Blake concluded that the rules were not unlawful, however, he did find that the earnings threshold would amount to a disproportionate interference with family life if combined with one of the four other requirements in the rules - for example, an inability to supplement a shortfall in income with savings, unless the savings were over £16,000. According to BBC News, Justice Blake said the court would not strike down the rules, but urged the Home Secretary to adjust them, saying they were onerous...

Deportation cases

The new rules on family and private life set out clear criminality thresholds beyond which an offender will normally be deported. The framework is as follows: 1.      Where an offender is convicted of an offence and sentenced to at least 48 months‟ imprisonment, their deportation will be the proper course except in "exceptional circumstances‟; 2.      Where a person is convicted of an offence and sentenced to between 12 and 48 months‟ imprisonment, their deportation will be the proper course unless they fall within the family life or private life exceptions below. If they do not, deportation will be the proper course except in "exceptional circumstances‟; 3.     Where a person’s deportation is deemed conducive to the public good because their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law, their deportation will be the proper course unless they fall within the family life or private life provisions below. If they do not, deportation will be the proper course save in "exceptional circumstances‟.   If you have been served removal directions or you are subject to deportation, please contact ICS Legal on 0207 237 3388 or e-mail us on info@icslegal.com.   

7 years concession for under 18

Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the UK Border Agency to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. It does not impose any new functions, or override existing functions.The changes to the policy from 9th July 2012, brought a new legislation under Appendix FM of the Immigration Rules. It states the following: Where a person asserts that they have family life with children, the decision maker must ensure that the person can satisfy all of the factors listed at (a) to (e) below: (a) They have a genuine and subsisting parental relationship with a child who is under 18. (b) The child is in the UK. (c) The child either 1. is British; or 2. has lived in the UK for at least 7 years preceding the date of the immigration decision. (d) It would not be reasonable to expect the child to leave the UK. (e) There is no other family member who is able to care for the child in the UK. If you believe your case can benefit from this policy, then please speak to ICS...

New discretionary leave policy – Appendix FM & Paragraph 276ADE

The introduction of the new policy under Appendix FM and Paragraph 276ADE of the Immigration Rules HC395 are part of the Home Office “Human Rights” Application. Family life with children Where a person asserts that they have family life with children, the decision maker must ensure that the person can satisfy all of the factors listed at (a) to (e) below: (a) They have a genuine and subsisting parental relationship with a child who is under 18. (b) The child is in the UK. (c) The child either 1. is British; or 2. has lived in the UK for at least 7 years preceding the date of the immigration decision. (d) It would not be reasonable to expect the child to leave the UK. (e) There is no other family member who is able to care for the child in the UK. Family life with a partner Where a person asserts that they have family life with a partner, the decision maker must ensure that the person can satisfy all of the factors listed at (a) to (e) below: (a) They have a genuine and subsisting parental relationship with a partner. (b) The partner is in the UK. (c) The...