Immigration Law Bulletin - Issue 260 - 30 January 2012

Monday 30 January 2012

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Harkins and Edwards v United Kingdom 9146/07 [2012] ECHR 45 (17 January 2012)
The doctrine set down by the Law Lords in Wellington met its Waterloo in the decision of the ECtHR in Harkins.The Court considers that the question whether there is a real risk of treatment contrary to Article 3 in another State cannot depend on the legal basis for removal to that State, and so extradition cases are to be treated in line with expulsion ones. Removal to face a grossly disproportionate sentence could amount to ill-treatment contrary to Article 3 at the moment of its imposition but this is a strict test and it will only be satisfied in "rare and unique occasions" or very exceptional cases. Click here to read the full judgement.

Keshmiri v Turkey (No. 2) - 22426/10 [2012] ECHR 57 (17 January 2012)

The Strasbourg Court found that detention would breach Article 5(1) of the ECHR where the applicant's detention continued for many months after the interim measure was applied and during that time no steps were taken to find alternative solutions. Click here to read the full judgement.

AA (Iraq), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 23 (24 January 2012)

The Court of Appeal found that there is a presumption that other European Union Member States will observe their obligations under the ECHR and under the Trafficking Convention. Longmore LJ thought that a woman whose ambition to get to the United Kingdom and claim asylum here can only be accomplished by having sex with the man who undertakes to transport her to the United Kingdom is not ipso facto a victim of trafficking for the purpose of the Trafficking Convention, as this did not constitute transportation or harbouring for the purpose of the exploitation of prostitution or practices similar to slavery or servitude within Article (a) of the definition in the Convention. Click here to read the full judgement.

LZ (homosexuals) Zimbabwe CG
[2011] UKUT 487 (IAC) (26 January 2012)
The UT find that there is no general risk of persecution to gay and lesbian asylum seekers in Zimbabwe. Lesbians, living on their own or together, may face greater difficulties than gay men. Being openly gay may increase risk as may a positive HIV/AIDS diagnosis. For a person with an objective risk of persecution, the police and other state agents do not provide protection, but internal relocation would be available absent specific factors relevant to the whole country. Click here to read the full judgement.


HJT Training: Abolition of paragraph 395C of the Immigration Rules
Monday February 6 2012 (16:00 - 17:30)

HJT Training have scheduled a course at 4pm at their Houndsditch training venue close to Liverpool Street station to address the first critical development of importance to practitioners in 2012, the abolition of paragraph 395C of the Immigration Rules and the implications of this measure for long term overstayers, human rights claims, rights of appeal and legacy cases. Colin Yeo and Nicola Braganza will present this, Nicola being counsel in the ongoing legacy judicial review test case. For more information, click here.

ILPA seminar: From base metal into gold? The rights of third country nationals after Zambrano
Thursday 2 February 2012 (16:00 - 19:15)

An ILPA seminar starring Adrian Berry of Garden Court Chambers designed to examine the issues arising since the Zambrano judgment and the implications for practitioners. It will focus on the judgment itself, subsequent relevant judgments of the Court of Justice (CJEU) (McCarthy, Dereci, etc.) national jurisprudence and UK Border Agency policy. It will cover the unlawfully present persons who benefit, how the EU right of residence arising differs from article 8 ECHR rights, residence documentation, and using Zambrano to challenging unlawful detention and resist deportation/removal. 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.

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 edition)
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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