Issue 151 – 17th August

Monday 17 August 2009

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News

A report from the Chief Inspector of Prisons for England and Wales, Dame Anne Owers, criticises the intimidating behaviour of immigration escort staff. Read more and click here.

According to the Refugee Council the government has announced that it is cutting its cash support to destitute asylum seekers waiting for a decision. Currently, single asylum seekers over the age of 25 receive £42.16 a week, which is 30% less than a single person over the age of 25 who is resident in the UK. The government is planning to reduce this to £35.15 per week from October, leaving asylum seekers with only £5 per day to live on. Read more.

According to UKBA a new report shows that more immigrants are leaving the UK. Phil Woolas, Borders and Immigration Minister, said: "This report further demonstrates that migrants come to the UK for a short period of time, work, contribute to the economy and then return home." Read more.

Cases

In NA & Others (Cambridge College of Learning) Pakistan [2009] UKAIT 00031 the AIT concluded that Cambridge College of Learning never ran a Postgraduate Diploma in Business Management course or a Postgraduate Diploma in IT course. Accordingly for a person applying for leave to remain under the Tier 1 (Post-Study Work) scheme to rely on a certificate of an award of such a diploma following a course will amount to a false representation and so will fall foul of Immigration Rules HC 395, para 322(1A). Such a person will also be unable to meet the requirements of para 245Z because he or she could never have undertaken such a course. Read more.

In SK (Tier 1 – Transitional provision – maintenance) Republic of Korea [2009] UKAIT 00032 the AIT held that the transitional provision concerning maintenance under Tier 1 (Post Study Work), for those with previous leave under the International Graduates Scheme, only applies to applications made on or before 31 October 2008. It has not been extended and there is no legitimate expectation that it should have been. Read more.

Legislation

The UK Border Agency (Complaints and Misconduct) Regulations 2009 came into force on 5 August 2009. Read more.

Events

Refugee and international protection law update
Thursday 12 November 2009, London, venue tbc, 4pm – 7.15pm
Speakers: Peter Jorro and Mark Symes, Garden Court Chambers

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