Immigration Law Bulletin - Issue 279 - 18 June 2012

Monday 18 June 2012

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News

The government announced its Statement of Intent regarding the future operation of family migration into the United Kingdom, foreshadowing the changes which new immigration rules will make on 9 July 2012. Highlights are:

  • A minimum income threshold of £18,600 to sponsor the settlement in the UK of a non-EEA partner.
  • The minimum probationary period for settlement for a non-EEA spouse, civil partner, unmarried partner or same sex partner will be five years
  • Non-EEA adult dependent relatives will only be able to settle in the UK if they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided in the UK by their relative here and without recourse to public funds. The route will be limited to those applying from overseas.
  • From October 2013, all applicants for settlement will be required to pass the Life in the UK test and present an English language speaking and listening qualification at B1 level or above.
  • An intention by the Executive to define the approach to ECHR Art 8: only in "exceptional circumstances" will the best interests of the child outweigh criminality.
  • Deportation will normally be proportionate where the foreign national criminal received a sentence of 12 months to 4 years and the view of the Secretary of State is that their offending has caused serious harm or they are a persistent offender.
  • Deportation will not be proportionate where there is a genuine and subsisting relationship with a UK settled partner, they have lived here for 15 years and there are insurmountable obstacles to relocating overseas, or where there is a genuine and subsisting relationship with a child who has lived in the UK for seven years and it would not be reasonable to expect the child to leave the UK and no other family member can care for the child, or where they have lived in the UK for 20 years excluding imprisonment or, being under 25, have lived here half their lives, and they have no social, cultural or family ties with their country of origin.

To download the full Statement of Intent, click here.

Cases

Abidov v Russia - 52805/10 [2012] ECHR 990 (12 June 2012)
Russia was found to have breached ECHR Article 5 in a detention case, given that the requirement of diligence required the State to ensure expedite handling of pressing judicial issues, involving the right of liberty and security of persons, was incompatible with suspending proceedings for holidays lasting for 11 days. To read the full judgment click here.

AM, R (on the application of) v Solihull Metropolitan Borough Council (AAJR) [2012] UKUT 118
The Upper Tribunal (Immigration and Asylum Chamber) set out various observations on age assessment. Evidence of physical characteristics is likely to be of limited value because no assumptions could be made as to physical maturity due to upbringing in conditions of poverty and malnutrition. Termination of growth rate over time and the full emergence of the third molar pointed to adulthood. Evidence from professionals including observations on a child's reception by their peers was useful where they extended over a significant period of time. To read the full judgment click here.

Gurung & Ors, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1629 (Admin) (15 June 2012)
Eady J in the Administrative Court dismissed a challenge to the rationality of the policy outside the immigration rules on Gurkhas stating that it could not simply be said that the true purpose underlying the policy was to make it easier for adult dependants of former Gurkhas to settle in the UK. To read the full judgment click here.

XX v Secretary of State for the Home Department [2012] EWCA Civ 742 (15 June 2012)
Richards LJ in the Court of Appeal assumed for the purposes of argument that there is arguably an internationally acknowledged principle equivalent to a peremptory norm of general international law, or jus cogens, prohibiting "secret detention". However this would not apply to the giving of evidence about the conditions experienced during detention and in particular about the nature of the treatment received by detainees might in principle include evidence of what was observed by those attending the detention facility, and evidence of what was said to them by detainees. To read the full judgment click here.

Bajsultanov v Austria - 54131/10 [2012] ECHR 989 (12 June 2012)
The European Court of Human Rights found that considerable time has passed since the first Chechen war and a person who had acted merely in a supporting role in that war and whose relatives had not suffered harm, notwithstanding the repeatedly reported practice of abuse of relatives of alleged rebels or supporters and sympathisers, would be at risk. Russia is a High Contracting Party to the European Convention on Human Rights, which has undertaken to secure fundamental rights. To read the full judgment click here.

Immigration Law Training

The New Immigration Rules 6 April and 14 June - an Update
Wednesday 20 June 2012, 15.00, London

Sophie Barrett-Brown, Laura Devine Solicitors and James Perrott, PricewaterhouseCoopers Legal LLP, present a course aiming to provide attendees with a comprehensive knowledge and understanding of the new Immigration Rules entering force on 6 April and 20 June, the practical implications of the changes, how the changes will affect their clients and their everyday practice as well at discussing potential solutions and strategies. For full details, click here.

Understanding Legal Aid: Practical tips on Maximising Profitability
21 June 2012, 16:00, London

Jawaid Luqmani presents his course on legal aid Practical tips on Maximising Profitability for HJT Training, addressing controlled work, licensed work, funding certificates and costs. For full details, click here.

The New Family Immigration Rules and their significance
JCWI, 16 July 2012, London

On 9 July 2012 new changes to immigration law will significantly alter the admission and stay of family members. Navtej Singh Ahluwalia and Sadat Sayeed of Garden Court Chambers will take you through the details of the changes and their implications for practitioners. 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, and has been described as "pre-eminent" by Lord Brown. 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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