Immigration Law Bulletin - Issue 247 - 10 October 2011

Monday 10 October 2011

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Raki, R (on the application of) v Secretary of State for the Home Department & Anor [2011] EWHC 2421
6th October 2011

Birtles J., found that the detention of a Moroccan man, pending his removal, for 4 years and 7 months was "self-evidently unreasonable". Click here to read the full judgement.

RK (entitlement to represent: s.84) Bangladesh [2011] UKUT 409 (IAC)
5th October 2011

Rule 48(1) of the 2005 Procedure Rules provides that an appellant "may ... be represented by any person not prohibited from representing him by section 84 of the Immigration and Asylum Act 1999". Therefore, an Immigration Judge erred in limiting a family friend, who sought to represent an appellant, to only acting as a 'Mackenzie friend' due to the family friend not being legally qualified. Click here to read the full judgement.

Kishver (Limited leave : meaning) Pakistan [2011] UKUT 410 (IAC)
5th October 2011

'Limited leave' for the purpose of S.10(i)(a) of the Immigration and Asylum Act 1999 includes leave under s. 3C of the Immigration Act 1971. Click here to read the full judgement.

Bhanushali (re-using same CAS: new rules) India [2011] UKUT 411 (IAC)
5th October 2011

When considering appeals under the points-based system, there is particular need to ascertain the precise basis on which an application has been refused; to identify the relevant provisions of the Immigration Rules; and to be sure of the relevant commencement provisions. Click here to read the full judgement.

Legislative changes

The Community Legal Service (Funding) (Amendment No 2) Order 2011 (SI 2011/2066) came into force on the 3rd October. Click here to read more.

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. 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 edtion)
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.

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