Immigration Law Bulletin - Issue 268 - 30 March 2012

Friday 30 March 2012

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The UKBA have awarded contracts to a number of private security firms to provide accommodation and support for asylum seekers. Click here for more information.


ST Eritrea, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 12
21st March 2012

A person granted temporary admission pursuant to S.11.1 of the Immigration Act 1971, was not lawfully in the territory of the United Kingdom, for the purpose of article 32(1) of the Geneva Convention relating to the Status of Refugees (1951). Click here for the full judgement.

HK (Afghanistan) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 315
16th March 2012

The Tribunal was entitled to draw an inference from the failure of an asylum seeking minor to attempt to contact his family in Afghanistan, however this alone should not be determinative of whether there was likely to be family support upon return. Moreover, it did not relieve the Secretary of State of her own obligations under S.55 Borders, Citizenship and Immigration Act 2009 and her duty to trace members of the minor's family, under Regulation 6 of the Asylum Seekers (Reception Conditions) Regulations 2005. Click here for the full judgement.

Mohamed v Secretary of State for the Home Department [2012] EWCA Civ 331
20th March 2012

The proper application of the 'most exceptional compassionate circumstances' (under Paragraph 317ie HC395) should be - that notwithstanding the support provided by the sponsor in the UK, the applicant is still living in the required circumstances; rather than what would happen if the sponsor's support was not available. The test is properly applied when notwithstanding the provision of financial support, the parent or grandparent cannot cope on their own and the most exceptional compassion is called for. Click here for the full judgement.


Entry Clearance
Tuesday 27 March 2012, 16:00, Liverpool Street

HJT Training have a course at their Houndsditch training venue close to Liverpool Street station telling delegates all they need to know about Entry Clearance, designed to help in making successful entry clearance applications, giving plenty of time for questions, and addressing current entry clearance procedures, using the Entry Clearance Guidance, the general grounds of refusal, evidence and tactics, appeals and reviews. 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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