April 2014 - ICS Legal Blog

Contact Us: + 44 0207 237 3388

Latest UK & International Legal News

Student and private life

The Immigration Judge noted that in MM (Tier 1 PSW; Art 8; "private life") Zimbabwe [2009] UKAIT 00037, it was held that a student in the United Kingdom on a temporary basis had no expectation of a right to remain in order to further social ties and relationships, where the criteria of the Points-Based System were not met and that the character of an individual's private life was by its very nature of the type which could be formed elsewhere, albeit through different social ties. Although the Court of Appeal in OA (Nigeria) [2008] EWCA Civ 82 had held that the Asylum and Immigration Tribunal had been entitled to conclude that a student's Article 8 rights would be violated if she were removed from the United Kingdom in the middle of an academic year, the Tribunal in MM concluded that the prospects for bringing "a right to study case within Article 8 are bleak". In this regard, the Tribunal in MMnoted the judgment of Laws LJ in LL (China) [2009] EWCA Civ 617, that "the appellant has on the facts effectively no Article 8 case unless her desire to complete the ACCA course of itself provides her with one, but I do not see that Article 8 can fulfil that function,...

Applying Chikwamba v SSHD

The significance of Chikwamba v SSHD [2008] UKHL 40 is to make it plain that, in appeals where the only matter weighing on the respondent's side of an Article 8 proportionality balance is the public policy of requiring an application to be made under the immigration rules from abroad, that legitimate objective will usually be outweighed by factors resting on the appellant's side of the balance. 

Choosing the correct English language test providers

Choosing the correct English language test providers If the visa you are applying for asks you to prove your English language ability, you should use the approved English Language tests list document. The guide for your visa category will also show details of the level of test you must pass. If you are applying from the following countries you should use this list to find out information on how to book a secure English language test. Aruba Benin Bermuda French Polynesia Greenland Guam Guinea Haiti Honduras Kyrgyzstan Mali Mauritania Netherlands Antilles Nicaragua Northern Mariana Islands Swaziland Tajikistan Togo Virgin Islands West Bank The arrangement that the Home Office had with Educational Testing Service (ETS) to provide Secure English Language Testing (SELT) ended on 5 April 2014. As a result Home Office have suspended accepting ETS tests as evidence of English language ability from new applicants. If you wish to make an application you should read the list of providers and take a test with an alternative provider. If you would like to confirm the English language test you need to complete, please contact on 0207-237-3388 or e-mail us at info@icslegal.com.

Ved and another (appealable decisions; permission applications; Basnet) [2014] UKUT 00150 (IAC)

Upper Tribunal (Immigration and Asylum Chamber) Ved and another (appealable decisions; permission applications; Basnet)[2014] UKUT 00150 (IAC) THE IMMIGRATION ACTS Heard at Field House On 19 February 2014 Determination promulgated: 27 March 2014 Before UPPER TRIBUNAL JUDGE ESHUN UPPER TRIBUNAL JUDGE PETER LANE Between BHUPENDRA MAKANJI VED HARSHADA BHUPENDRA VED Appellants and THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent Representation: For the appellants: Mr J. Chhotu, Counsel For the respondent: Mr N. Bramble, Senior Home Office Presenting Officer (1) A jurisdictional decision of the First-tier Tribunal, Immigration and Asylum Chamber, contained in a determination made after the appeal has passed the duty judge "screening" stage, is appealable to the Upper Tribunal: Practice Statement 3.4; Abiyat & others (Rights of appeal) [2011] UKUT 00314 (IAC). (2) Where the First-tier Tribunal has refused to entertain an application made to it for permission to appeal to the Upper Tribunal, the Upper Tribunal has discretion under rule 7 of the Tribunal Procedure (Upper Tribunal) Rules 2008 to consider an application for permission made to that Tribunal, notwithstanding that the requirements of rule 21(2)(b) have not been met, in that the First-tier Tribunal has not refused (or not admitted) a permission application. It is, however,...

Home Secretary asks for review of how Home Office handles asylum claims on grounds of sexual orientation

Home Secretary Theresa May has asked the Chief Inspector of Borders and Immigration, John Vine, to review how the Home Office handles asylum claims on grounds of sexual orientation, BBC News reported on March 28th. The review comes in light of a February report in the Observer about how Home Office officials were under fire for using explicit and "shockingly degrading" lines of questioning when interviewing gay and lesbian asylum seekers. According to BBC News, Theresa May said some gay and lesbian asylum seekers were being asked "inappropriate" questions. The Guardian reported on Saturday that in a letter to the Chief Inspector of Borders and Immigration, May wrote: "We do need to establish that the risk of persecution is real, and this will often depend on whether the sexual orientation of the asylum seeker is as claimed. We seek to establish this at interview through questions about sexual orientation, not sexual behaviour." The letter continued: "It was disappointing therefore to discover that we may not have followed our guidance in at least one case, which was brought to the attention of the media recently and where inappropriate questions appear to have been asked. We are committed to treating all asylum claimants with respect and dignity...