The case of The Secretary of State for the Home Department v SK (Sri Lanka) [2012] EWCA Civ 16 concerned an appeal by the Home Secretary to the Court of Appeal against the decision of the High Court to quash her decision refusing the Respondent’s naturalisation application on the ground that she was not satisfied that the Respondent was of ‘good character’.
This case is relevant for all those seeking to apply for British citizenship via naturalisation as it highlights the importance of the ‘good character’ requirement, clarifying that it is the applicant who must satisfy the Secretary of State that they meet this requirement.
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In some immigration applications under the Points Based System (specifically Tier 2 General visas, Tier 4 and Tier 5), you may be aware that it is necessary to be sponsored with your application. Here we will explain what is meant by this notion of sponsorship and why it is so important to your application.
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As always, we’re back for the Friday Fringe. This is our weekly legal round-up: we’ve got the headlines, the best of our blog, and our favourite stories from the fringes.
Enjoy!
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In continuation of our Immigration Terminology series, this one is going to explain what is meant by ‘entry clearance’ to the UK.
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In recent years there has been some frustration expressed by the Court of Appeal about the convolutions of the asylum and immigration appeals system. Delays by the Home Office, decisions based on bad logic and few facts, endless cases amendments and reviews all serve to irritate the Lord Justices. Yesterday judgement was handed down in the case of TM, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 9 and Ward LJ made his feelings plain for all to see.
We may not be popular for saying this, but there is a lot of truth in what Ward LJ said. And it serves as a warning to future applicants: get your house in order, and don’t test the system’s patience.
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The recent matter of Naved v The Secretary of State for the Home Department [2012] UKUT 14 (IAC) has highlighted how important it is to ensure that, in light of recent changes in the law, no supporting documents are missed when submitting your application for an extension to your student visa.
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The European Court of Human Rights has decided that Abu Qatada, a suspected terrorist with links to Osama Bin Laden, cannot be deported to Jordan because the risk of evidence obtained by torture being used in a criminal trial of him would be a “flagrant denial of justice.” The court found that torture and the use of evidence obtained by torture was widespread in Jordan. This ruling overturns the decision of the House of Lords, but is in accordance with the earlier decision of the Court of Appeal.
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