Immigration Law Bulletin - Issue 241 - 30 August 2011

Tuesday 30 August 2011

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News

Libya: Evidence suggests that Khamis Brigade killed 45 detainees. Click here, to read more.

EU plans to tighten schengen zone rules. European commission proposals due in September 2011 set strict conditions on passport controls between member states including a maximum six month limit and interim review checks every 30 days. See Stanley Pignal Financial Times 22nd August 2011 (subscription required to access article).

Cases

Sino V Secretary of State for the Home Department [2011] EWHC 2249 (Admin) [25/8/2011]
The Administrative Court ruled that detention of four years 11 months was unlawful throughout. In a Judgment critical of the Secretary of State for the Home Department the Court found that the Secretary of State had detained the claimant in circumstances where there was no reasonable prospect of removal in a reasonable timescale and that the Secretary of State failed to act with reasonable diligence in seeking to deport the claimant.

On 8 July 2006 the claimant was detained under administrative powers by the Secretary of State for the Home Department following a six month prison sentence for theft of an oyster card and a return to custody order. At the hearing of his claim for judicial review the claimant had been detained for 4 years 11 months. The claimant was released by the High Court on 10 June 2011 after the Court found that there was no prospect that his deportation would take place within a reasonable time. In the judgment the Court concluded that the detention of the claimant from 8 July 2006 until 10 June 2011 was unlawful as there had never been a realistic prospect of removal in a reasonable time.

The Court also found that the decision to detain the claimant was influenced by the unlawful secret policy implemented by the Secretary of State for the Home Department between April 2006 - September 2008 to detain foreign national prisoners who were to be deported regardless of risk or individual circumstances. The Court also found that the claimant's detention prior to 5 September 2008 was also unlawful because no detention reviews were conducted, contrary to stated policy for periodic review of the detention. Click here for Judgment.

Yameen V Secretary of State for the Home Department [2011] EWHC 2250 (Admin)
The Administrative Court found that the Secretary of State had erred in law by refusing to accept further representations based on HJ (Iran) as a fresh claim of a Pakistani Ahmadi Muslim who argued that he would be at real risk of persecution if he propagated his Ahmadi faith freely in Iran. Click here for the judgement.

Training

Introduction to Immigration Law (6 September 2011)

On Tuesday 6th September in London (and a week later in Manchester) HJT begins its full four day comprehensive introduction to immigration law, essential for the accreditation exams for publicly funded and OISC work, and for practitioners wishing to master key concepts before representing private clients. For more details, click here.

Transfer of judicial review functions from the Administrative Court to the Upper Tribunal (28 September 2011)

HJT Training will be presenting a mini-conference in London on 28 September 2011 on the transfer of judicial review functions from the Administrative Court to the Upper Tribunal (Immigration and Asylum Chamber): speakers will include Mr Ockelton, the Chamber's Deputy President. For more details, click here.

 

    

 

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