Immigration Law Bulletin - Issue 253 - 29 November 2011

Tuesday 29 November 2011

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Boktor and Wanis (late application for permission) Egypt [2011] UKUT 442 (IAC) (22 November 2011)
The Upper Tribunal noted that where permission to appeal to the Upper Tribunal has been granted, without the decision maker noticing that the application is out of time, and any explanation for lateness is not considered by the judge granting permission, in the light of AK Bulgaria, the grant of permission to appeal is conditional, and the question of whether there are special circumstances making it unjust not to extend time has to be considered at the hearing. Click here for the full judgment.

Qureshi (Tier 4 - effect of variation - App C) Pakistan [2011] UKUT 412 (IAC) (21 November 2011)
The UT discussed the circumstances in which an application for leave to remain can be varied. So long as the endeavours by the appellant to vary her application were for the same purpose (i.e. to pursue studies), there is no restriction in section 3C(5) of the Immigration Act 1971 on the number of occasions on which application for variation of the original application can be made provided notice of variation is given prior to the respondent's decision as thereafter there would then be no application pending. Click here for the full judgment.

Hayat (nature of Chikwamba principle) Pakistan [2011] UKUT 444 (IAC) (22 November 2011)
The UT considered the principle in Chikwamba, which they found did not operate with unwavering force, regardless of the circumstances of the particular case. That principle could be summarised as stating that, where the only matter weighing on the respondent's side of the balance is the public policy of requiring a person to apply under the rules from abroad, that legitimate objective will usually be outweighed by factors resting on the appellant's side of the balance: it was quite wrong to say that the principle applied only to spouse cases, or those in which children were present. Click here for the full judgment.

Nare (evidence by electronic means) Zimbabwe [2011] UKUT 443 (IAC) (22 November 2011)
The UT gave detailed consideration to the circumstances in which evidence might be provided by electronic means, such as telephone links, where a witness was unable to attend court. Noting that this was an exceptional situation but nevertheless one which required proper judicial consideration by the Tribunal, the UT set down guidelines for the future. Click here for the full judgment.

Al Hanchi v Bosnia And Herzegovina - 48205/09[2011] ECHR 1922 (15 November 2011)
The Strasbourg Court found that Islamists, as a group, have not been systematically targeted after the change of regime in Tunisia, and that returns there would now generally be safe given the steps taken by that country to comply with human rights standards. Click here for the full judgment.

AO & Anor, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3088 (Admin) (25 November 2011)
Cranston J found that the Home Office policy to give short spells of discretionary leave to remain to those excluded from Humanitarian Protection was lawful, as was the requirement that those sentenced to more than a year of imprisonment be excluded. However banning access to settlement until 10 years was too inflexible a rule and to that extent the policy was unlawful. Click here for the full judgment.

J, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3073 (Admin) (24 November 2011)
The Administrative Court found that detention was unlawful where it relied upon an age assessment that was not Merton compliant and considered the level of damages appropriate for detaining a child for a few days. Click here for the full judgment.

Medhanye, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3012 (Admin) (18 November 2011) (AKA "EM Italy")
The Administrative Court found that there was insufficient reporting from reputable organisations in Italy such as to find that there are serious deficiencies in Italian asylum practice and that there was no general risk of Article 3 breaches following removal. Click here for the full judgment.


Judicial Review Conference
6 December 2011

HJT Training runs its annual judicial review conference with leading practitioners discussing the implications of the latest developments in judicial review in the immigration field, addressing procedures and funding, and the latest substantive law. There will be expert sessions on children and age assessment, interim relief, unlawful detention, and fresh claims, as well as discussion of the procedures for lodging those kinds of judicial reviews which are to be pursued in the Upper Tribunal. For more information click here.

Silenced voices speak: strategies for protecting migrant women from violence and abuse
Wednesday 7 December 2011

Rights of Women are hosting an event on strategies for protecting migrant women from violence and abuse. Speakers include Catherine Briddick, Senior Legal Officer, Rights of Women, Pragna Patel, Director, Southall Black Sisters, Debora Singer, Policy and Research Manager, Asylum Aid and Adam Weiss, Director, the AIRE Centre. For more information, click here.


Mapping Statelessness in the United Kingdom
Asylum Aid and the UN Refugee Agency have published a joint research report Mapping Statelessness in the United Kingdom seeking to shed light on the complex and hidden issue of statelessness. It maps the number and profile of stateless persons in the UK, and puts a human face on their situation. For a copy of the report, click here.

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.

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.


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