Immigration Law Bulletin - Issue 263 - 20 February 2012

Monday 20 February 2012

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MM Zimbabwe v Secretary of State for the Home Department [2012] EWCA Civ 135
Maurice Kay LJ in the Court of Appeal considered a case where errors leading to delays in determination of an appeal on asylum grounds were entirely those of the Tribunal rather than the Secretary of State, finding that this did not amount to conspicuous unfairness or any other form of abuse of process such that an asylum seeker should be exempted from the Ravichandran principle of having their asylum claim returning to the Tribunal to be determined on the evidence and Country Guidance prevailing at the date of the future hearing. Click here to read the full judgement.

Secretary of State for the Home Department v SP (North Korea) & Ors [2012] EWCA Civ 114 (16 February 2012)

Maurice Kay LJ again in the Court of Appeal found that the Upper Tribunal had not erred in law in their approach to the country evidence on nationality in South Korea: in practice, a ten year absence from North Korea will be treated by the authorities in a manner equivalent to one who has lost his South Korean nationality as a result of acquiring another nationality. Click here to read the full judgement.

AB & Anor v Home Office [2012] EWHC 226 (QB) (16 February 2012)

Richard Salter QC sitting as a Deputy High Court judge in the Administrative Court found that it was wrong of the Home Office to take the view that an Applicant was not a "qualified person" on the basis that the documentary evidence so far provided (on its own and without further enquiry) did not unequivocally establish their immigration status, as this took an unduly simplistic and adversarial approach to the task. However this was not a sufficiently serious error to warrant the award of damages on EU law principles.Click here to read the full judgement.

YF (China) v Secretary of State for the Home Department [2012] EWCA Civ 77 (10 February 2012)

The Court of Appeal found the Tribunal had been entitled to conclude that there was in general no real risk of double jeopardy for criminal offences committed outside China. Click here to read the full judgement.

Antwi v Norway 26940/10 [2012] ECHR 259 (14 February 2012)

The European Court of Human Rights held that expulsion with a five-year re-entry ban would not entail a violation of Article 8 of the Convention where the migrant had obtained a residence permit on the basis of incorrect and misleading information about his identity and nationality supported by a forged passport where there were no insurmountable obstacles to the family's relocation abroad. Click here to read the full judgement.


HJT Training (Monday 27 February 16:00)
HJT Training have a course at their Houndsditch training venue close to Liverpool Street station updating delegates on issues such as sponsoring graduates under Tier 2: certificates of sponsorship, resident labour market tests and the April 2012 changes, student entrepreneurs, transferring students from failed sponsors, changes to the Sponsor Management System, sponsor duties, Youth Mobility, settlement applications and the Codes of Practice and Highly Trusted Sponsors. Click here for more information.

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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