Immigration Law Bulletin - Issue 277 - 28 May 2012

Monday 28 May 2012

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AK (Article 15(c)) Afghanistan CG [2012] UKUT 163 (IAC)
18 May 2012

The Tribunal continues to regard as correct the summary of legal principles governing Article 15(c) of the Refugee Qualification Directive as set out in HM and others (Article 15(c)) Iraq CG; AMM and Others (conflict; humanitarian crisis; returnees; FGM) Somalia CG [2011] UKUT 00445 (IAC) and MK (documents - relocation) Iraq CG [2012] UKUT 00126 (IAC). When considering what weight to attach to a judgment of the European Court of Human Rights that sets out findings on general country conditions in asylum-related cases, it will be relevant to what extent the Court had before it comprehensive 'country of origin' information. However, even if there is a recent ECtHR judgement based on comprehensive 'country of origin' information, the Tribunal is not necessarily bound to reach the same findings.

Despite a rise in the number of civilian deaths and casualties and an expansion of the geographical scope of the armed conflict in Afghanistan, the level of indiscriminate violence in that country taken as a whole is not at such a high level as to mean that a civilian, solely by being present in the country, faces a real risk which threatens his life. Even the provinces worst affected by the violence do not meet the necessary threshold.

When assessing a claim in the context of Article 15(c) in which the respondent asserts that Kabul city would be a viable internal relocation alternative, it is necessary to take into account not only the level of violence in that city but also the difficulties experienced by that city's poor and also the many Internally Displaced Persons (IDPs) living there, these considerations will not in general make return to Kabul unsafe or unreasonable. Nevertheless, this position is qualified (both in relation to Kabul and other potential places of internal relocation) for certain categories of women. To read the full judgment click here.

Contractor (CAS - Tier 4) India [2012] UKUT 168 (IAC)
23 May 2012

UKBA's announcement in March 2011 of changes to the Immigration Rules regarding the CAS related requirement that a new course had to be at an A-rated college and that an applicant starting a new course at below degree level has to achieve Level B1 in the English Language Test; means that in general those who stood to be affected by those changes had adequate time to take appropriate action and hence in general no Patel 'fairness' issues arise. To read the full judgment click here.

P. I. v Oberburgermeisterin der Stadt Remscheid (Freedom of movement for persons) [2012] EUECJ C-348/09
22 May 2012

In seeking to interpret Article 28(3)(a) of Directive 2004/38/EC - 'imperative grounds of public security' - it is open to Member States to regard criminal offences such as those referred to in the second subparagraph of Article 83(1) of the Treaty of the Functioning of the European Union, as constituting a particularly serious threat. However, the issue of any expulsion measure continues to be conditional on the requirement that the personal conduct of the individual concerned must represent a genuine, present threat affecting one of the fundamental interests of society of the host Member State, which means the individual concerned, has a propensity to act in the same way in the future. To read the full judgment click here.

AS (Lebanon), R (on the application of) v Secretary of State for the Home Department & Anor [2012] EWHC 1349
22 May 2012

Permission was granted to judicially review the claimant's continued detention where the independent psychiatric reports obtained by order of the Court on behalf of the claimant and the Secretary of State were both in agreement that he suffered from an emotionally unstable personality disorder with quasi-psychotic symptoms and post-traumatic stress disorder, his continuing detention exacerbated the symptoms and increased the chances of a successful suicide. Both consultant psychiatrists were in agreement that he met the criteria for transfer to a hospital pursuant to Section 48 of the Mental Health Act 1983. To read the full judgment click here.

A link to the Court of Appeal decision in MM and AO (A Child), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 668 that was summarised last week can be found by clicking here.

Immigration Law Training

European Law Update
HJT Training, Monday 28 May 2012, London

Sandra Akinbolu deals with the latest developments on extended family members, the rights of parents of children in education, obtaining and exercising the right of appeal, and maximising the benefit to be derived from the Citizens Directive. Click here for more details.

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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