News
It is understood that a panel of judges of the Grand Chamber of the ECtHR has refused the UK government's request to refer the Chamber judgment in Sufi & Elmi v UK [2011] ECHR 1045 for re-examination by the Grand Chamber. Accordingly the Chamber judgment has become final under ECHR, Art 44(2)(c). For chamber judgment click here.
Cranston J has ordered UKBA to bring a Sri Lankan family back to the UK in an attempt to restore the family to the position they would have been in had they not been unlawfully removed; he awarded aggravated damages: M, R (on the application of) v SSHD (6 December 2011). Judgment not available yet but to read news report, click here.
Croatia has signed an EU Accession Treaty paving the way for its becoming the 28th Member State on 1 July 2013. To read further, click here.
Cases
L.M. v United Kingdom (67449/11) [2011] ECHR 1990 (2 December 2011)
The Strasbourg Court communicated a case of a Zimbabwean national, whose asylum appeal had been dismissed under RN (Zimbabwe) CG, asking the parties inter alia whether the applicant's case should be considered in the light of the Court of Appeal's pending decision in the application for permission to appeal in EM and Others [2011] UKUT 00098, which is yet to be handed down. To read the statement of facts click here.
ABC (a minor) (Afghanistan), R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2937 (Admin) (6 December 2011)
The claimant, a 16 year old Afghan boy, had admitted killing his half-brother (who had been beating him when he struck the blow) prior to fleeing Afghanistan at the age of 14; he challenged the SSHD's decisions (1) excluding him from asylum and humanitarian protection and (2) refusing to grant him discretionary leave (DL) until he reached the age of 17½ (he was instead granted 6 months, 'excluded', DL - the SSHD acknowledging a real risk of Art 3 violating detention conditions in Afghanistan). HHJ Jeremy Richardson QC quashed the exclusion decision, holding inter alia that the SSHD had misapplied English law on both self-defence and provocation to the question of whether C had committed a serious crime and held that the SSHD had failed to apply s 55 child welfare considerations to the grant of 6 months at a time DL with all its inherent insecurity. He also made the interesting point that if C could not be returned to Afghanistan forthwith, the chances of his ever receiving a fair trial there would increasingly recede over time. For the full judgment click here.
AK (R (on the application of) v Secretary of State for the Home Department & Leicester City Council [2011] EWHC 3188 (Admin) (2 December 2011)
In a fully reasoned judgment Miss Geraldine Andrews QC granted the claimant permission to challenge the SSHD's decision to detain him in August 2010 (with the intention of removing him to Greece) on the ground that she acted contrary to her stated policy on detaining those who were suffering from a mental illness, whilst refusing him permission on his challenges inter alia to an age assessment and to detention on the basis of age. For the full judgment 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.
