Immigration Law Bulletin - Issue 261 - 6 February 2012

Monday 6 February 2012

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The full text of Damien Green's speech delivered last Tuesday can be accessed by clicking here.

Cases

New London College Ltd, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 514
2nd February 2012

The guidance for holders of a Tier 4 sponsor's licence was not "criteria affecting individuals' status and entitlements" (as per para 33 of Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719). The substantive criteria governing entitlement to leave to enter or remain as a Tier 4 (General) Student is laid down in the immigration rules and the guidance for sponsors does not directly impinge on the scheme set out in those rules. Administrative review, coupled with the availability of judicial review, amounted to sufficient safe guards under Art 6 ECHR, for a former sponsor who has had their sponsor's licence withdrawn. Click here to read the full judgement.

Gurung v Secretary of State for the Home Department [2012] EWCA Civ 62
2nd February 2012

In automatic deportation proceedings the public interest was not only to be treated as served by deporting foreign criminals, it was also among the factors capable of affecting proportionality. The public interest in deportation had already been established by legislation, however the particular nature and extent of the public interest had to be independently considered by the Tribunal. The Secretary of State's assessment of the public interest commanded no additional weight. Click here to read the full judgement.

UG (Nepal) & Ors v Entry Clearance Officer [2012] EWCA Civ 58
2nd February 2012

The discretion set out in the Diplomatic Service Procedures, Entry Clearance, Vol 1, General Instructions para.29.14 should not be considered in a mechanistic way and it was not the case that entry clearance would necessarily be granted if the first, plus one other, of the factors set out in the relevant part of the instructions were met. Click here to read the full judgement.

D v Secretary of State for the Home Department [2012] EWCA Civ 39
31st January 2012

An appellant who could not establish that his previous presence in the UK had been lawful, was not entitled to rely on the 'special reasons justifying expulsion' test as per Maslov v Austria (1638/03) [2007] 1 F.C.R. 707. Click here to read the full judgement.

AA (unattended children) Afghanistan CG [2012] UKUT 16 (IAC)
1st February 2012

The evidence before the Tribunal does not alter the position as described in HK and Others (minors - indiscriminate violence - forced recruitment by Taliban - contact with family members) Afghanistan CG [2010] UKUT 378 (IAC). However, the background evidence demonstrates that unattached children, depending upon their individual circumstances, may be exposed to risk of serious harm. Such risks will have to be taken into account when addressing the question of whether a return is in the child's best interests, a primary consideration when determining a claim to humanitarian protection. Click here to read the full judgement.

Idezuna (EEA -permanent residence) Nigeria [2011] UKUT 474 (IAC)
24th January 2012

When assessing whether the appellant's family member has resided in the UK continuously for the purposes of qualifying for permanent residence, Reg. 3(2) of the 2006 Regulations provides that continuity of residence is not affected by periods of absence from the United Kingdom which do not exceed six months in total in any year; periods of absence from the United Kingdom on military service; or any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy, childbirth, serious illness, study or vocational training or an overseas posting. Once a right of permanent residence has been acquired, it can be lost only through the absence from the host Member State "for a period exceeding two consecutive years". 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 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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