Immigration Law Bulletin - Issue 270 - 10 April 2012

Tuesday 10 April 2012

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News

In order to support states in the implementation of the EU Directive on preventing and combating trafficking in human beings and protecting its victims, six UN agencies (UNODC, OHCHR, UNHCR, UNICEF, ILO and UN Women) have published a Joint Commentary Prevent. Combat. Protect on selected articles of the Directive. Click here to download a copy.

Cases

Basnet (validity of application - respondent) Nepal [2012] UKUT 113 (IAC) (4 April 2012)
The UTIAC criticised the approach taken by the Secretary of State to decisions in which applications are treated as void for want of payment of the fee, stressing that there could be innocent explanations for an ostensible failure to pay such as human error, including by the card issuer: however Home Office procedures were not sufficient to provide the Tribunal or an applicant with the necessary evidence to explain why a payment had been rejected, which was important because the burden of proof had to be treated as upon the Secretary of State. Fairness might demand appeals be allowed in this situation. To read the full judgment click here.

Bizimana, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 414 (2 April 2012)
Jackson LJ in the Court of Appeal found that the coming into force of section 55 of the 2009 Act during a period of detention added a new dimension to an application for revocation of a deportation order which might make continued detention unreasonable. To read the full judgment click here.

Salimi, R (on the application of) v Secretary of State for the Home Department & Anor [2012] EWCA Civ 422 (04 April 2012)
The Court of Appeal found that the Independent Police Complaints Commission has no jurisdiction to investigate complaints made in relation to escorts, however complaints could be made to the Prisons Ombudsman. To read the full judgment click here.

AH (Algeria) v Secretary of State for the Home Department [2012] EWCA Civ 395 (2 April 2012)
The Court of Appeal considered the exclusion clauses of the Refugee Convention, finding that an offence (here, relating to a terrorism-related conviction in France) of which an asylum seeker is convicted which lies at the outer boundary of criminality may not be one which is so serious as to exclude him from protection under the Convention. To read the full judgment click here.

Abdollahi, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 878 (Admin) (3 April 2012)
In a decision to detain an individual without their family absent, consultation with the Office of the Children's Champion was found unlawful by Beatson J in the Administrative Court. To read the full judgment click here.

Events

Advocacy I - An introduction
25 April 2012, London

HJT Training re-run part 2 of their popular advocacy course at their Houndsditch training venue close to Liverpool Street station featuring practical exercises on excelling in the Immigration and Asylum Chambers. For full details click here.

Adoption, a guide for immigration practitioners
26 April 2012, London

ILPA have a course on Adoption for immigration practioners with speakers including Nadine Finch of Garden Court Chambers. The course deals with the latest developments in international adoption and immigration practice. For full details 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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