Immigration Law Bulletin - Issue 257 - 30 December 2011

Friday 30 December 2011

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Matthew Coats the current interim head of the Border Force at the UKBA is to take over as chief executive of the Legal Services Commission in February. Click here to read the LSC's press release.


Tomasz Ziolkowski (C-424/10) v Land Berlin
21 December 2011

A union citizen, who has been resident for more than five years in a Member State on the sole basis of the national law of that Member State, cannot acquire a right of permanent residence, if during that time he was not exercising treaty rights in accordance with Article 7(1) of the Citizens Directive. Click here to read the full judgement.

NS (C 411/10) v Secretary of State for the Home Department and ME (C 493/10) and others v Refugee Applications Commissioner, Minister for Justice, Equality and Law Reform
21 December 2011
Article 4 of the Charter of Fundamental Rights of the European Union obliges Member States not to transfer an asylum seeker to the 'Member State responsible' within the meaning of Regulation No 343/2003, where the asylum procedure and reception conditions in that receiving Member State amounted to inhuman or degrading treatment. Click here to read the full judgement.

Naik, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 1546
19 December 2011

An Indian Muslim speaker, whose multiple entry visit visa was revoked by the Security of State, had not derived a legitimate expectation that he would continue to be allowed to the enter the UK because he had previously been allowed to do so. Considerable weight should be given to the Secretary of State's assessment of whether the Claimant's conduct fell with her 'unacceptable behaviour' policy. Nevertheless the Court must still ask itself whether the conduct fell within the wording of the policy; whether the Claimant had subsequently repudiated the conduct; and finally whether the decision was a proportionate use of the policy's legitimate aim. Click here to read the full judgement.

SS (Libya) v Secretary of State for the Home Department [2011] EWCA Civ 1547
19 December 2011

SIAC had erred in deciding to exclude the Claimant under Art.1F(c) of the Refugee Convention on the basis of findings that exceeded the position taken by the Secretary of State in the open hearings. SIAC's powers to hear evidence in closed sittings should be used sparingly and they were not entitled to infer that there was material from the closed sittings that supported their decision to exclude. Click here to read the full judgement.

SS, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 3390 (Admin)
16 December 2011

The charging of fees for an application for entry clearance for a family member is proportionate to the legitimate interest identified in Article 8(2) of "the economic well-being of the country". It fell to the Secretary of State to consider whether the applicant has the ability to pay the relevant fee. If it was shown that they could not pay, it would be necessary to broadly assess the strength of the underlying claim in deciding whether the fee could be waved. Click here to read the full judgement.

Mehmud (timing of deportation notice) Bangladesh [2011] UKUT 00486 (IAC)
19 December 2011

The Secretary of State may serve a deportation decision under S.32 of the UK Borders Act 2007 despite the fact that, unknown to her, the appellant had lodged a notice of application to appeal against conviction out of time. A notice of deportation can be revoked or the appeal adjourned pending an out of time challenge to the conviction on which automatic deportation depends. Click here to read the full judgement.

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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