Immigration Law Bulletin - Issue 275 - 16 May 2012

Wednesday 16 May 2012

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UKBA announce a clause in the new Crime and Courts Bill to remove the full right of appeal for those applying to enter the UK as a family visitor from 2014.
To read further click here.


M v London Borough of Croydon [2012] EWCA Civ 595 (8 May 2012)
Further guidance from the CA as to costs in judicial review proceedings that settle - in short where a claimant obtained all the relief he sought, whether by consent or after a contested hearing, he was the successful party who was entitled to all his costs, unless there was a good reason to the contrary.
To read the full judgment click here.

LE (Jamaica), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 597 (9 May 2012)
In light of a real absconding risk, the claimant's immigration detention had been generally lawful despite his having been diagnosed as a paranoid schizophrenic; he was entitled to only nominal damages owing to lack of proper monthly reviews of on-going detention. Per Richards LJ: subject to policy considerations and the limits imposed by the Hardial Singh principles, the power to detain under the 1971 Act is discretionary and that discretion is vested in the Secretary of State subject only to supervisory review by the court in accordance with the ordinary principles of public law, including Wednesbury principles, in order to determine whether the decision-maker has acted within the limits of the discretionary power conferred on him by the statute.
To read the full judgment click here.

LK (Somalia), R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1229 (Admin) (10 May 2012)
On the other hand Geraldine Andrews QC sitting in the High Court - and holding that the last two weeks of the claimant's 38 month immigration detention had become unlawful on Hardial Singh principles once the SSHD had had time to digest the implications on the claimant's case of the ECtHR judgment in Sufi & Elmi - stated at [27]: "I bear in mind that where the legality of detention is challenged, it is for the detaining authority to prove that the detention was lawful. The Court's task is not to determine whether the Secretary of State's assessment from time to time as to whether to continue to detain the Claimant was Wednesbury reasonable, but itself to assess the lawfulness of the detention in the light of the Hardial Singh principles."
To read the full judgment click here.

AHK & Others, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1117 (Admin) (2 May 2012)
In this long running case of challenges to the SSHD's refusal to grant naturalisation certificates on (not) 'good character grounds' as based on largely undisclosed 'national security sensitive' information, Ouseley J held that there could be no closed material procedure in these proceedings for judicial review such that the cases would have to proceed to a public interest immunity hearing in which each claimant would have the benefit of a special advocate.
To read the full judgment click here.

Zhou, Re Judicial Review [2012] CSOH 78 (10 May 2012)
The Chinese petitioner's Zambrano based challenge - her son was an Irish Republic national, born in Northern Ireland, who had never been in the RoI - failed in the Outer House: per Lord Turnball (original emphasis): "The case of Zambrano is expressly stated to apply to the rights of residence and work which are available to third country nationals, upon whom minor children with European Union citizenship are dependant, in the Member States of which those children are nationals and in which they reside - paragraphs 36, 43, 45 and 46. In my view the case has no application to the petitioner's circumstances."
To read the full judgment click here.

Immigration Law Training

British nationality law: refresher and update
ILPA seminar, 23 May 2012, London

Nationality law expert and Garden Court barrister Laurie Fransman QC will be training on behalf of ILPA on British nationality law. For full details, click here.

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.

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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