Immigration Law Bulletin - Issue 264 - 27 February 2012

Monday 27 February 2012

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The Independent Chief Inspector of the UK Border Agency has published a report into the detained fast track. Click here for more information.

The UKBA has published its quarterly asylum statistics. Click here for more information.

The Children's Society has published a report into the experience of young refugees and migrants in the UK. Click here for more information.

The UNHCR has published guidelines on the definition of a "Stateless Person" in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons. Click here for more information.


SS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ. 155
21 February 2012

It was held that a Senior Immigration Judge had not erred in rejecting psychiatric evidence that had only been served after the claimant's appeal had been dismissed by the First Tier Tribunal. In an obiter comment, Stanley Burton LJ. noted the importance of providing an expert who is being asked to make a psychiatric assessment with all relevant documents, including previous refusal letters and determinations that might call into question the claimant's credibility. For the full judgment, click here.

SC (Article 8 - in accordance with the law) Zimbabwe [2012] UKUT 56 (IAC)
22 February 2012

A removal decision that contradicted a stated policy of the Secretary of State prohibiting removal to a certain destination could be a 'decision that was not in accordance with the law'. However in the particular circumstances of the appellant, the Secretary of State's position not to seek to forcibly remove Zimbabweans, prior to 14th October 2010, did not prohibit her setting hypothetical removal directions against Zimbabweans with no other right to remain in the UK. The Tribunal also reiterated the position stated in EM and others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) that in the absence of countervailing factors, residence of over 7 years with children well-integrated into the educational system in the United Kingdom, is an indicator that the welfare of the child favours regularisation of the status of mother and children. For the full judgment, click here.

Fiaz (cancellation of leave to remain - fairness) Pakistan [2012] UKUT 57 (IAC)
22 February 2012

An immigration officer has power to cancel leave to remain which remains in force under article 13(5) of The Immigration (Leave to Enter) Order 2000 (SI 2000/1161). A change of circumstances justifying cancellation exists where the basis for the grant of the leave has disappeared: SSHD v Boahen [2010] EWCA Civ. 595 applied. The change of circumstances can have occurred before and continued after the grant of leave. Whether leave should be cancelled or curtailed is subject to a duty of fairness and it is a material consideration whether the appellant was responsible for the change of circumstance. For the full judgment, click here.

Kamran (UK NARIC - incorporation in rules) [2012] UKUT 00058(IAC)
22 February 2012

Appendix A of HC 395 gives the National Recognition Information Centre for the United Kingdom an explicit role in determining the UK equivalent of a qualification gained overseas. For the full judgment, click here.

Hirsi Jamaa and Others v. Italy (Application no. 27765/09)
23 February 2012

In a case where the Italian coast guard had intercepted a boat carrying Eritrean and Somali refugees 35 miles south of Lampedusa and forcibly returned them to Libya. The European Court found that the applicants fell within the jurisdiction of Italy for the purposes of Article 1 of the Convention. There further had been a violation of Art. 4 of Protocol No. 4 (prohibition of collective expulsions); Art. 3 - as they faced ill-treatment in Libya and possible forcible return to Eritrea or Somalia; and Art. 13 (right to an effective remedy). For the full judgment, click here.


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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