Immigration Law Bulletin - Issue 245 - 26 September 2011

Monday 26 September 2011

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News

For the UKBA's interim proposals for applying the CJEU's judgment in Ruiz Zambrano (C34-09: see LB # 220) relating to 'carers' of British citizens, to read more, click here.

Cases

AA v United Kingdom (8000/08) [2011] ECHR 1345 (20 September 2011)
The Strasbourg Court held that the deportation of a Nigerian citizen, who had arrived in the UK at the age of 13 and who at the age of 15 had been convicted of raping a 13 year old girl, for which he was sentenced to 4 years youth detention, would violate his Article 8 right to respect for his private life (as a young adult, with no partner or children of his own, his close relationship with his mother constituted part of his private life). Of particular importance was the fact that since his release from detention seven years ago - and the court took the date of its own consideration as the relevant date in line with its approach in Article 3 cases - the applicant had done nothing to support the government's contention that his deportation was necessary for the 'prevention of disorder or crime'. To read the full judgment click here.

Farzand Ali v United Kingdom (18815/11) [2011] ECHR 1316 (12 September 2011)
The Strasbourg Court communicated a case of a Pakistani national, who suffers from severe mental health problems and is detained in a hospital consequent to conviction for manslaughter, in his challenge to deportation on Articles 3 and 8 grounds. The court inter alia requested the government to provide information regarding the proposed reception arrangements to be put in place to facilitate the applicant's deportation to Pakistan and his transfer to a mental health facility there. To read the statement of facts click here.

AJ v Secretary of State for the Home Department [2011] EWCA Civ 1081 (21 September 2011)
Upon the SSHD conceding that she should have had regard to the Borders, Citizenship and Immigration Act 2009 s.55 - promoting welfare of children in the UK - when making a non-appealable decision refusing to grant leave to remain, the CA, allowing the appeal, held that it would not be appropriate for it to go on to consider in what circumstances, if any, the SSHD need not take account of s 55 nor the interesting question of in what circumstances, on judicial review, the court should make its own decision (specifically on an Article 8 claim relying on s 55) rather than remit to the SSHD for reconsideration. To read the full judgment click here.

Sofia City Court, Bulgaria v Dimintrinka Atanasova-Kalaidzhieva [2011] EWHC 2335 (Admin) (9 September 2011)
An interesting extradition case in that the Divisional Court dismissed the Bulgarians' appeal based on an EAW in relation to a charge of murder, on the grounds that the extradition request was an abuse of process as Bulgaria had not provided any reassurance that the prosecution was being conducted in good faith or that a fair trial had become possible since an earlier finding that the investigation into the alleged offence had been tainted and the prosecution had been made in bad faith - described as exceptional circumstances. To read the full judgment click here.

Immigration Law Training and Events

HJT Training
28 September 2011, London

HJT Training will be presenting a mini-conference in 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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