Mirza & Ors: The Rules are neither simple nor flexible so don’t leave it too late

Image result for checking off calendar dates

Mirza and others v Secretary of State for the Home Department [2016] UKSC 63 – read judgment and press summary here.

The background to each of these appeals, although unfortunate, is not in any way extraordinary. Indeed, it is perhaps quite common for those applying for leave to remain to fall foul of procedural requirements or to be caught out by one of the many frequent changes in the legislative scheme governing immigration.

Whereas in most cases the solution may be simply to correct the procedural defect and make a further application, matters become much more complicated for those who apply too close to the date on which their leave to remain expires.

The Supreme Court’s recent decision makes clear that s.3C of the Immigration Act 1971 does not automatically extend a person’s leave to remain. Where leave expires in between the defective application and the fresh one an applicant will simply have run out of time for correction. This was the situation in which all three appellants found themselves.

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“Asylum seeker death driver” case was misunderstood

The Secretary of State for the Home Department v Respondent [2010] UKUT B1 – Read judgment

There has been public outrage over the ruling of two Senior Immigration Judges that it would be unlawful to deport Aso Mohammed Ibrahim, an Iraqi Kurd, who has been labelled an “asylum seeker death driver”

The fury has not been limited to the lay public or the media, but “great anger” has also been expressed by high-profile figures such as Prime Minister David Cameron, a well-known critic of the Human Rights Act. The Government’s embarrassment over the decision has prompted Immigration Minister, Damian Green, to announce that the UK Border Agency (UKBA) will appeal the decision, and there have been more drastic calls from Tory MPs for the scrapping of the Human Rights Act.

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