MA & Ors, R (on the application of) v Secretary of State for the Home Department  EWCA Civ 1446
1st December 2011
The Court of Appeal made a reference to the European Court of Justice concerning the question of which Member State was responsible for determining an application for asylum under Regulation 343/2003 art.6, where an unaccompanied minor, with no family in that country had previously claimed asylum in another Member State, before coming to the UK. Click here to read the full judgement.
AO & Anor, R (on the application of) v Secretary of State for the Home Department  EWHC 3088 (Admin)
30th November 2011
A rigid application by the Secretary of State for the Home Department of her policy that those convicted of serious crimes needed to have completed 10 years of discretionary leave in order to be eligible for settlement, was unlawful fetter upon her discretion. Click here to read the full judgement.
AMM and others (conflict; humanitarian crisis; returnees; FGM) Somalia CG
28th November 2011
Following Sufi & Elmi v the United Kingdom  ECHR 1045, extensive new country guidance for southern and central Somalia. Additionally, there is consideration of Article 10 of the Refugee Qualification Directive and how the religious element of Article 1(A) of the Refugee Convention can be satisfied if the persecutor ascribes to the victim a perceived religious opinion, and the prevalence of FGM in Somalia. Click here to read the full judgement.
Kabaghe (removal- no consideration of paragraph 395C) Malawi  UKUT 473 (IAC)
2nd December 2011
A person who has been removed from the United Kingdom pursuant to an immigration decision may not appeal against that decision on human rights grounds (with the exception of where a human rights/asylum claim had been certified as clearly unfounded). The jurisdiction to consider whether an immigration decision is in accordance with the law includes consideration of whether the decision has been made fairly. A removal decision that is challenged on the basis that it is unfair, and is supported by an apparently credible account of the treatment constituting the unfairness, the judge is entitled to expect some form of evidential response from the respondent, identifying what happened and what factors informed the decision making. Click here to read the full judgement.
Aswatte (fiancé(e)s of refugees) Sri Lanka  UKUT 476 (IAC)
2nd December 2011
The Immigration Rules make no provision for the admission of fiancés of refugees who are in the United Kingdom with limited leave. Following FH (Post-flight spouses) Iran  UKUT 275 (IAC), where a refugee cannot return home in order to marry the fiancé, and it may be unreasonable to expect the couple to marry in a third country, and where all the requirements of paragraph 290 of the rules are met, save that relating to settlement, it is unlikely that it will be proportionate to refuse the admission of the fiancé. Click here to read the full judgement.
MK (best interests of child) India  UKUT 475 (IAC)
2nd December 2011
The Upper Tribunal gave further guidance regarding 'the best interest of the child', following on from ZH (Tanzania)  UKSC 4. Click here to read the full judgement.
Mumtaz (s.85A commencement order: adjournment hearing) Pakistan  UKUT 472 (IAC)
2nd December 2011
The transitional provisions in article 3 of the UK Borders Act 2007 (Commencement No 7 and Transitional Provisions) Order 2011, for the commencement of S.85A of the Nationality, Immigration and Asylum Act 2002 means that this section does not apply to any appeal that has had a hearing of any kind before the commencement date (23 May 2011). Click here to read the full judgement.
Immigration Law Training and Events
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.
Immigration Law Books
Garden Court Chambers Immigration Team members are authors of numerous books which we mention from time to time.
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.