Immigration Law Bulletin - Issue 249 - 31 October 2011

Monday 31 October 2011

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Ahorugeze v Sweden (Application no. 37075/09; 27 October 2011)

The European Court of Human Rights reiterated the circumstances in which it would find that fair trial rights abroad were so flawed as to breach of the principles guaranteed by Article 6 ECHR: this must be so fundamental as to amount to a nullification, or destruction of the very essence, of the right guaranteed by that Article. The same standard and burden of proof should apply as in the examination of extraditions and expulsions under Article 3. Click here for the full judgement.

Tinizaray R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1850 (Admin) (25 October 2011)

Sir Anthony Thornton QC sitting as a Deputy High Court judge in the Administrative Court in Tinizaray, discussed the factors required to be considered regarding children when a decision-maker is making a decision that requires the exercise of a section 55 duty. The matters specified in the statutory checklist provided for by section 1 of the Children's Act 1989 should be taken account of, and even in a case where very limited details have been provided, it is not sufficient for the decision-maker to rely solely on information volunteered by a child's parent. If it is clear that that information is either incomplete or potentially slanted - in such cases, further information must be sought by the decision-maker including, in appropriate cases, interviews of the applicant and separate interviews of the child, questionnaires and seeking or soliciting the views, assessments and reports of other agencies such as local authority social services, CAFCAS or local children's welfare groups. A decision maker should not simply assume without evidence that a child would be able to slot satisfactorily into a foreign school system. Click here for the full judgement.

BA, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2748 (Admin) (26 October 2011)

Elizabeth Laing QC sitting as a Deputy High Court judge in the Administrative Court found that the policy on Criminal Casework Directorate requires all decisions to be based on an assessment of individual risk. Tthe phrase in the policy for detention of those suffering from serious mental illnesses "which cannot be satisfactorily managed in detention" is engaged when the Secretary of State is deciding whether or not to detain a person who is suffering from a mental illness which may mean that his illness cannot be managed satisfactorily in detention, even if he is well at the time his case is considered. There is a requirement for a conscious approach to the identification, and care and custody, of those with serious mental illnesses, requiring the Secretary of State to confront this issue at the outset, to make plans for the detainee's welfare if the decision is to detain, and to be alert, in detention reviews, for signs of deterioration which may tilt the balance of factors against detention. Click here for the full judgement.

Alam (s 85A - commencement - Article 8) Bangladesh [2011] UKUT 424 (IAC) (13 October 2011)

The Tribunal found that the fact that someone is one of a necessarily fixed class whose ability to prove compliance with the Rules has changed by operation of the new section 85A of the Nationality Immigration and Asylum Act 2002 since he began his appeal proceedings diminished the State's interest in removing the claimant merely in order to maintain the integrity of the Rules, and might cause a human rights appeal to succeed where the underlying private life was strong. Click here for the full judgement.

The ECtHR gave a Rule 39 indication on 27 October in the case of A.E., prohibiting until further notice the removal to Italy of a very vulnerable Eritrean woman. She has status in Italy but was subjected to serious ill-treatment following the grant of status there. David Chirico of 1 Pump Court was counsel; ILPA have details of the case on their Members Website.

Immigration Law Training and Events

HJT Training
Tuesday 22 November

Introduced a one day course for those newer to Immigration Law wishing to accredit at entry level. The aim of this course is to give delegates sufficient knowledge for Level 1 assessments with the OISC focussing on the OISC's core requirements. The next runs on Tuesday 22 November in central London, with Julian Bild. For more information click here.

Armed conflict and refugee law: are courts getting it right?
Thursday 10 November

On Thursday 10 November Dr Hugo Storey, Senior Immigration Judge, will be speaking as part of the Refugee Law Initiative at the IALS Council Chamber on "Armed conflict and refugee law: are courts getting it right?". 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. 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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