Immigration Law Bulletin - Issue 280 - 25 June 2012

Monday 25 June 2012

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The separated children in Europe programme have published a position paper on the age assessment of unaccompanied minors. Click here for the paper.

Immigration Law Cases

SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807
19th June 2012

The Court of Appeal upheld a decision of the Upper Tribunal that the appellant had committed acts amounting to crimes against humanity under Art.7(1)(k) of the Rome Statute and therefore by virtue of Art.1.F(a) of the Refugee Convention 1951, should be excluded from refugee status. The construction of Art.7(1)(k) only required the requisite act to be 'similar' in nature to the criminal acts set out in Art.7(1). For the judgment, click here.

Secretary of State for the Home Department v Draga [2012] EWCA Civ 842
21st June 2012

In allowing an appeal in part by the Secretary of State, the Court of Appeal held that there was a distinction between a decision to make a deportation order and the decision to detain pending deportation. However the Secretary of State had erred in relying on an ultra vires cessation order purporting to revoke Mr Draga's refugee status in order to deport him and accordingly, his detention whilst the order was in place had been unlawful. For the judgment, click here.

Rawofi (age assessment - standard of proof) Afghanistan [2012] UKUT 197 (IAC)
18th June 2012

Where age is disputed in the context of an asylum appeal (in contrast to age assessment in judicial review proceedings), the burden is on the appellant and the standard of proof is as laid down in R v Secretary of State for the Home Department Ex parte Sivakumaran [1988] AC 958 and R (Karanakaran) v Secretary of State for the Home Department [2000] EWCA Civ 11. For the judgment, click here.

Hudzinski (Social security for migrant workers) [2012] EUECJ C-611/10
12th June 2012

A Member State, which for the purpose of articles 14(1)(a) and 14a(1)(a) of Council Regulation (EEC) No 1408/71 is not the competent State, was entitled not to give a benefit in accordance with its national law to a Union citizen who is working temporarily within its territory. If under the circumstances, the worker concerned has not suffered any legal disadvantage as he has retained his entitlement to family benefits of the same kind in another Member State, and neither that worker nor the child for whom the benefit is claimed, habitually resides within the territory of the Member State in which the temporary work was carried out. For the judgment, click here.

Immigration Law Training

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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