Olisakwe Vincent Onuegbu http://ovosol.com Solicitors in London Thu, 18 Jun 2009 08:33:11 +0000 http://wordpress.org/?v=2.7.1 en hourly 1 Reconsidering asylum cases http://ovosol.com/index.php/reconsidering-asylum-cases/ http://ovosol.com/index.php/reconsidering-asylum-cases/#comments Mon, 08 Jun 2009 14:53:26 +0000 admin http://ovosol.com/?p=47 Court of Appeal
Published January 10, 2007
DK (Serbia) v Secretary of State for the Home Department
DK (Serbia) v Same
JN (Uganda) v Same
MS (Somalia) v Same
AI (Nigeria) v Same
PE (Nigeria) v Same
SP (Serbia) v Same
Before Lord Justice Latham, Lord Justice Longmore and Lord Justice Moore-Bick
Judgment December 20, 2006The Court of Appeal gave practical guidance as to the reconsideration of asylum cases which the Asylum and Immigration Tribunal was empowered to carry out.

The court was disposing of seven applications and appeals from decisions of that tribunal and addressed two principal questions arising out of the new regime under the Asylum and Immigration (Treatment of Claimants, etc) Act 2004:

(i) What was the scope of the reconsideration of a decision by a tribunal in the event of that decision arguably being infected by an error of law? (ii) What procedures should be adopted by the tribunal in dealing with such reconsideration?

Ms Frances Webber for DK; Ms Nabila Mallick for JN; Mrs Joanne Rothwell for MS, Ms Frances Webber for AI; Mr Manjit Gill QC and Mr Jonathan Adler for PE; Mrs Joanne Rothwell for SP; Mr Gerard Clarke and Mr David Pievsky for the Home Secretary.

LORD JUSTICE LATHAM said, as to the scope of reconsideration, that the tribunal was entitled to approach it and to give directions accordingly on the basis that the reconsideration would first determine whether or not there were any identifiable errors of law and would then consider the effect of any such error or errors on the original decision.

Read the full articles at Times Online

]]> http://ovosol.com/index.php/reconsidering-asylum-cases/feed/ Overseas students can change their courses http://ovosol.com/index.php/overseas-students-can-change-their-courses/ http://ovosol.com/index.php/overseas-students-can-change-their-courses/#comments Mon, 08 Jun 2009 12:05:33 +0000 admin http://ovosol.com/?p=1 Court of Appeal
Published July 23, 2008
GO and Others v Secretary of State for the Home Department
Before Lord Justice Sedley, Lord Justice Longmore and Lord Justice Moses
Judgment July 1, 2008

Overseas students could change their courses but if they wanted an extension of stay in the United Kingdom, they had to be able to produce evidence of satisfactory progress, whether on the course named in the application for entry clearance or on another recognised course.

The Court of Appeal so stated when: (i) allowing the appeals and restoring the determinations of immigration judges in cases brought by GO, WA, HZ, AM, KM, TG and AG, foreign students who had entered the United Kingdom or had leave to remain to pursue a named course and had either started a different course or failed examinations; and (ii) dismissing the appeal of EO.

Mr Nicholas Padfield, QC and Mr Arfan Khan for GO; EO in person; Mr Satvinder Juss for KM, AM and WA; Mrs Sourour Bassiri-Dezfouli for HZ; Mr Vincent Onuegbu, solicitor, for TG; Mr Ian Macdonald, QC and Mr Manoj Rupasinghe for AG; Mr Ian Hutton for the Secretary of State for the Home Department.

Read more on the Times Online site

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