In the know: Immigration

Our top five developments in immigration law over the past ten days

Patel and others v Secretary of State for the Home Department

The Supreme Court clarified the respective duties of the Secretary of State and the First-tier Tribunal (Immigration and Asylum Chamber) (the FTT) on an appeal against refusal of an application to vary leave to enter or remain. In particular, the Supreme Court held: (i) the Secretary of State's failure to make a removal decision at the same time as, or shortly after, the decision to refuse leave to remain had not rendered her decision to refuse leave unlawful; (ii) that the majority view of the Court of Appeal to the effect that there was a duty on the FTT to consider any potential ground of appeal raised in response to a 'one-stop' notice, even if it was not directly related to the issues considered by the Secretary of State in the original decision; and (iii) a 'near-miss' to comply with the Immigration Rules could not provide substance to a human rights case which had otherwise been lacking merit. (Source: Lexis Library, LexisPSL Immigration) Coping with the reform of the designated list

Immigration analysis: What practical challenges does the governments reform of the designated list for overseas adoption present for immigration practitioners? Naomi Angell of Osbornes LLP and Kathryn Cronin of Garden Court Chambers, outline the potential pitfalls for overseas adopters. (Source: Lexis Library, LexisPSL Immigration) Malta to sell passports to wealthy foreigners

Daily Telegraph, 13 November 2013: Malta is seeking to attract high value citizens by selling Maltese passports for 650,000. The scheme has reportedly has 45 potential applicants and is expected to attract 300 people each year. (Source: Lexis Library, LexisPSL Immigration) R (on the application of Muaza) v Secretary of State for Home Department

The claimant Nigerian national was taken into immigration detention pending removal. He went on hunger strike and refused any form of medical treatment. The Administrative Court dismissed the claimant's application for judicial review of the decision to detain him and to continue his detention as his decision to go on hunger strike did not make his detention unlawful. (Source: Lexis Library, LexisPSL Immigration) Press Release: Approved English language tests for partners

The list of approved English language tests for tiers 1, 2 and 4 of the points-based systems for applications from partners or spouses has been amended. The amendments update contact details for test providers, and clarify the acceptable tests offered by Trinity College. No amendments have been made to the score required to pass the test. (Source: Lexis Library, LexisPSL Immigration)

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