Kizhakudan v Secretary of State for Home Department  EWCA Civ 566
2nd May 2012
A Senior Immigration Judge had misdirected himself in holding that he was unable to reconsider Article 8 findings, having found that that there was an error of law regarding the First Tier Tribunal judge's interpretation of the Secretary of State's policy guidance Click here to read the full judgement.
Peart v Secretary of State for the Home Department  EWCA Civ 568
1st May 2012
The Court of Appeal found that a judge of the Upper Tribunal had failed to give proper consideration to the best interests of the applicant's son and had failed to consider the overall significance of the different individual family relationships before deciding whether, viewed overall, removal was proportionate. He had also made no significant assessment of the applicant's private life despite the fact he had come to the UK when he was 11 and had lived in the UK for 14 years. Click here to read the full judgement.
AA (Somalia) v Entry Clearance Officer - Addis Ababa  EWCA Civ 563
1st May 2012
The interpretive provisions for de facto adoptive children under Immigration Rules para.6 and Para 309A HC395, should be applied to entry clearance applications made under para.352D. Click here to read the full judgement.
AE, R (on the application of) v London Borough of Croydon  EWCA Civ 547
27th April 2012
In a matter where the judge had found that the evidence of the applicant to be generally credible, the judge had erred in not relying on his own recollection of his date of birth and in particular his oral evidence concerning the date on his birth certificate. Click here to read the full judgement.
Razzoqi, R (on the application of) v Secretary of State for the Home Department  EWHC 1126 (Admin)
30th April 2012
Particularly in a case where there had been previous positive credibility findings, the Secretary of State for the Home Department must have some rational and cogent basis for coming to the decision that new evidence was so incredible that there is no realistic prospect of an immigration judge accepting it. Click here to read the full judgement.
Kastrati and Others (Dublin system)  EUECJ C-620/10
3rd May 2012
Council Regulation (EC) No 343/2003 must be interpreted as meaning that if an application for asylum is withdrawn within the terms of Article 2(c) of the Regulation, before the Member State responsible for examining that application has agreed to take charge of the applicant, then the Regulation no longer applies. Click here to read the full judgement.
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.
Mental Health, Article 3 and Detention
AVID AGM, 30 May 2012, London
Topical and vital discussion concerning HA (Nigeria) and other issues relating to the detention of vulnerable persons. Stephanie Harrison of Garden Court Chambers will be speaking alongside Hamish Arnott of Bhatt Murphy Solicitors, Ali McGinley of AVID and Adeline Trude of Bail for Immigration Detainees. Click here for full details.
Immigration Law Books
Garden Court Chambers immigration team members are authors of numerous books which we mention from time to time.
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.