New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Migration


  1. 14/10/2015United Kingdom
    Migration: cancellation of student visa; United Kingdom Border Agency Immigration Rules, part 6A; visa extension refused; visa application required bank statements proving appellant held £5,400 for 28 consecutive days; appellant provided statements covering a period of 22 days; Border Agency refused application without requesting further evidence; whether Border Agency lawfully refused application; whether Border Agency caseworker refused application contrary to agency policy; agency policy established under Immigration Rules; points-based system modelled on Australian immigration rules; appellant had public law right to have case considered in accordance with agency policy; policy construed to allow limited flexibility regarding applications with some evidence omitted; agency caseworker should have followed policy to request further bank statements; failure to do so renders appellant’s visa refusal unlawful; appeal allowed
    Mandalia v Secretary of State for the Home Department  [2015] UKSC 59
  2. 04/03/2015United Kingdom
    Migration: Convention for the Protection of Human Rights and Fundamental Freedoms; Convention Relating to the Status of Refugees; Nationality, Immigration and Asylum Act 2002 s 94(4); refugee and humanitarian visas; determination of refugee status; respondent feared persecution on basis of homosexuality if returned to Jamaica; Jamaica listed under s 94(4) as country where no serious risk of persecution “in general”; respondent’s application fast-tracked and refused; whether Jamaica should be included on s 94(4) list; meaning of persecution “in general”; persecution not required of any particular percentage of population; persecution must be general feature of life in country; persecution of an identifiable group enough; general risk to homosexual people in Jamaica; appeal dismissed
    R (on application of Brown (Jamaica)) v Secretary of State for the Home Department  [2015] UKSC 8
  3. 14/11/2012
    Migration: Apprehended bias; template reasons; Independent Merits Review of claims for refugee status; use of template paragraphs in reasons for decision by Independent Merits Reviewer (IMR) where template paragraphs used by IMR in a series of decisions involving claims for refugee status by Hazara/Shia claimants from Afghanistan; no reasonable apprehension of bias established; affirmed Minister for Immigration and Citizenship v SZQHH [2012] FCAFC 45
    Minister for Immigration and Citizenship v SZQHI  [2012] FCAFC 160