Immigraion Law Bulletin - Issue 298 - 30 October 2012

Tuesday 30 October 2012

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HM Inspectorate of Prisons has published a report into conditions at the Cedars pre-departure accommodation for families facing removal from the UK. For more informaiton click here.

The High Court granted injunctions barring the removal of a number of Tamils on a Charter flight due to fly last Tuesday, on the basis of claims that they would be subject to torture upon return to Sri Lanka. For more informaiton click here.


Mohan v Secretary of State for the Home Department [2012] EWCA Civ 1363
23 October 2012

The Court of Appeal endorsed the approach of the UTIAC in Nimako-Boateng and RS India to the approach to be taken in family life cases involving access to children: the family court is best placed to evaluate the best interests of the child in proceedings brought before it and in general it was desirable that immigration judges had the opportunity to assess what those interests with their assistance, which enjoys procedural advantages in investigating what the child's best interests are, independent of the interests of the parent, as well as the necessary expertise in evaluating them. Click here to read the full judgment.

AA, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1383
26 October 2012

The Court of Appeal found that UKBA could have reasonable grounds for suspecting a person to be an adult and thus detainable without consideration of the UKBA policy on detention which permitted detention of children only in exceptional circumstances, and a subsequent age assessment to the contrary did not render the earlier detention unlawful; whilst the scope for any exercise of discretion to detain a child was greatly circumscribed by the UKBA policy, it did not rule out the detention of children in such circumstances. Click here to read the full judgment.

George, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1362
23 October 2012

The Court of Appeal found that, vis-á-vis a migrant whose appeal on human rights grounds succeeded, having been previously involved in serious criminal conduct and sentenced to four terms of custody leading up to conviction and 3 years' detention in a Young Offender Institution for five counts of supplying class A drugs on separate occasions, that whereas a deportation order invalidated any prior grant of leave to remain, a subsequent revocation of that order ended the invalidation so reinstating the leave to remain. Click here to read the full judgment.

Ali (s.120 - PBS) Pakistan (Rev 1) [2012] UKUT 368 (IAC)
19th October 2012

In a PBS case the exception set out in section 85A(3) and (4) of the Nationality, Immigration and Asylum Act 2002 precludes a section 120 statement from being used in order to adduce evidence of compliance with a different requirement of the PBS. What is said in AQ (Pakistan) [2011] EWCA Civ 833 regarding the material date in respect of evidence adduced does not apply to s.85A cases. Click here to read the full judgment.

Courses and Training

HJT training - Update on EEA Law
8th November 2012

Update on EEA Law: A review of developments, both domestic and European, in the law that concerns European migration. Click here for more information.

HJT training - Understanding Legal Aid
Wednesday 14 November 2012

A practical course with tips on Maximising Profitability. Click here for more information.

ILPA training - The implications of Alvi and Munir
Monday 26 November 2012

Trainers including Ronan Toal will be presenting a session for ILPA on the ongoing implications for constitutional law and the doctrine of retrospectivity of Alvi and Munir. Click here for more information.

Immigration Law Books

Garden Court Chambers immigration team members are authors of numerous books which we mention from time to time.

Asylum Law and Practice (2nd edition)
The second edition of Asylum Law and Practice by Mark Symes and Peter Jorro is published, and has been described as "pre-eminent" by Lord Brown. Price: £138.00. For full details, click here.

Fransman's British Nationality Law (3rd edition)
The third edition of Fransman's British Nationality Law, written by Laurie Fransman QC and with contributions from Adrian Berry and Alison Harvey, was published in spring 2011. Price: £295.00. For full details, click here.

Macdonald's Immigration Law & Practice (8th edition)
The eighth edition of Macdonald's Immigration Law & Practice was written by Ian Macdonald QC with contributions from many members of the Garden Court Immigration Team. Price: £230.00. For full details, click here.

Human Trafficking Handbook
Nadine Finch has contributed to the Human Trafficking Handbook: Recognising Trafficking and Modern-Day Slavery in the UK. Price: £34.99. For full details, click here.

Garden Court Chambers Film Festival

Garden Court Chambers is delighted to present a series of six thought-provoking films this autumn. Each film explores different human rights issues connected with our work. Each film screening will be followed by a panel discussion, films will be showing from Friday 5 October until Friday 9 November, click here for more information.

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