Illegal Migration Act 2023 - Event Series

27 September, 11 October, 29 November

Chambers & Online

This series is brought to you by the Garden Court Public Law Team and the Garden Court Immigration Team.

Dates: 27 September, 11 October, 29 November
Time: 6pm-7:30pm, followed by drinks & networking
Venue: Chambers & Online  
Cost: Free

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Given the drastic changes introduced by the Illegal Migration Act 2023 this event series will discuss ways to challenge the lawfulness of draconian policies introduced by the Act in specific cases. 

This free event series is targeted at busy immigration and public law practitioners, particularly from legal aid firms, wanting to expand their knowledge of the new Act, including ways to challenge potentially unlawful policies, for their often vulnerable clients. 

Part 1 - A New Era of Detention Challenges – 27 Sept (Hybrid)
This event will expose the sweeping detention powers introduced by the Illegal Migration Act 2023 and what this means for asylum-seekers. We will consider the effect of s11 and s12 of the Act, including the codification of Hardial Singh and ‘grace periods’, the new ‘Powers of Detention’, and the impact these changes will have for unaccompanied asylum-seeking children.

Garden Court Speakers
Stephanie Harrison KC (Chair)
Nicola Braganza KC
Gordon Lee 
Greg Ó Ceallaigh

Part 2 - Challenging Limbo, Age Assessments & New Trafficking Exclusions –  11 Oct (Hybrid)
This event will discuss the legal consequences of refusing to process claims for asylum made by those travelling to the UK irregularly, for example via “small boats”. We will then look at changes to age assessments under the Act, including removal of the right to appeal.  Finally, we will consider the new trafficking exclusions, including how the Act disapplies section 50A of the Modern Slavery Act, therefore removing necessary assistance and support which was previously available.  Through analysis of Section 2(1), which introduces a statutory duty on the SSHD to remove asylum seekers if four conditions are met, the panel will dissect the legal arguments to challenge these measures. 

Garden Court Speakers
Nadia O'Mara (Chair)
Ronan Toal 
Gemma Loughran
Emma Fitzsimons
Ollie Persey

Part 3 - Rwanda, Third Country Removals & Interim Measures – 29 Nov (Hybrid)
This event will look at proposed third country processing schemes and their lawfulness, given the Court of Appeal’s ruling in respect of Rwanda (AAA (Syria) & Ors v SSHD [2023] EWCA Civ 266), and the upcoming Supreme Court hearing in that case.  It will also look at Rule 39 interim measures from the European Court of Human Rights, and how they will be affected by the Illegal Migration Act 2023.

Garden Court Speakers
Sonali Naik KC (Chair)
Adrian Berry 
David Sellwood 
Eva Doerr 
Isaac Ricca-Richardson

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