Immigration Law Bulletin - Issue 273 – 30 April 2012

Monday 30 April 2012

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UNHCR has published a paper, "Hungary as a country of asylum: Observations on the situation of asylum-seekers and refugees in Hungary" expressing concerns regarding the treatment of asylum seekers there. Click here for more information.


De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin) (27 April 2012)
The High Court found that the refusal of the defendant local authority to make arrangements for the claimant, a Portuguese national no longer exercising free movement rights and living with HIV/AIDS, under section 21 of the National Assistance Act 1948, was unlawful as contrary to Article 3 and Article 8 of the European Convention. Click here to read the full judgement.

AM, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 521 (26 April 2012)
Rix LJ in the Court of Appeal found that expert evidence constituted independent evidence of torture and the Secretary of State was wrong to state that "the report did not provide independent evidence that the claimant had been tortured because that depended upon accepting the claimant's account how they were caused". Detention of a victim of torture could then only be justified in "very exceptional circumstances" which was a matter for the court to assess itself. Click here to read the full judgement.

LW (China) v Secretary of State for the Home Department
[2012] EWCA Civ 519 (24 April 2012)
Black LJ in the Court of Appeal found that the Country Guidelines case of LL China permits the consideration of the individual circumstances in a particular case, for whilst it states that "normally" there is not a real risk for someone who practises in private and with discretion, there may be particular features in an individual case which would give rise to risk: and the latest country evidence did not compel the conclusion that the situation had altered. Click here to read the full judgement.

MK (documents - relocation) Iraq CG [2012] UKUT 00126 (IAC)
The Upper Tribunal considered the question of internal relocation for Iraqi asylum seekers. Entry into and residence in the KRG can be effected by any Iraqi national with the relevant documents after registration with the local security office. An Arab may need a sponsor; a Kurd will not. Living conditions in the KRG for a person who has relocated there are not without difficulties, but there are jobs, and there is access to free health care facilities, education, rented accommodation and financial and other support from UNHCR. Despite bureaucratic difficulties with registration and the difficulties faced by IDPs, it is wrong to say that there is, in general, no internal flight alternative in Iraq, bearing in mind in particular the levels of governmental and NGO support available. Click here to read the full judgement.

Y, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1075 (Admin) (20 April 2012)
The Administrative Court found that both the Guidance and the Supplementary Guidance relating to Trafficking points to the Secretary of State adopting the Trafficking Convention and purporting to apply it domestically. Click here to read the full judgement.

Immigration Law Training

The rights of third country nationals after Zambrano
ILPA have a course in seminar format on 30 April 2012 in London at which Adrian Berry will be speaking. Click here for more information.

Latest changes to the immigration rules
HJT Training re-run their course on the on 10 May 2012 in Birmingham. On 15 and 16 May respectively they run their 4-day and 2-day courses for the various levels of LSC and OISC accreditation. 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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