Immigration Law Bulletin - Issue 281 – 2 July 2012

Monday 2 July 2012

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The Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Korea concerning the Readmission of Persons (London, 20 December 2011) (Treaty Series No. 30 (2012)) entered into force on 1 June 2012. See also Immigration Law Bulletin issue 266. To see the Agreement, click here.

Phillip Duffy, Director of Immigration and Border Policy at the Home Office, has written to Blake J, as President of the UTIAC (copied to the Chair of ILPA and the President of the QBD) in relation to the Government's new Immigration Rules based approach to Article 8 issues and seeking co-operation with the judiciary and representatives in identifying potential test case litigation.

Statutory Instruments

The Immigration (European Economic Area) (Amendment) Regulations 2012 (SI 2012 /1547) will come mainly into force on 16 July 2012. The amendments inter alia are designed to give effect to the ECJ judgments in Zhu & Chen and in Ibrahim and Teixeira. To read further click here.


Patel & Ors v Secretary of State for the Home Department [2012] EWCA Civ 741 (1 June 2012)
The CA presided over by the MR considered that the CA judgments in Mirza (see Immigration Law Bulletin issue 219) and Sapkota (Immigration Law Bulletin issue 252) were irreconcilable with that in Lamichhane (Immigration Law Bulletin issue 266) and preferring the latter (and more recent judgment) held that the SSHD was not obliged to make a removal decision at the same time or shortly after making a decision to refuse variation of leave to remain. To read the full judgment click here.

Essa, R (on the application of) v UTIAC & Secretary of State for the Home Department [2012] EWHC 1533 (Admin) (1 June 2012)
In a rare substantive judicial review - permission having been granted at a contested hearing on Cart principles by Mitting J in January - of the UTIAC's refusal to grant permission to appeal to itself from an FTT determination, Lang J held (without reference of course to any second appeals test or higher threshold) that the UT had not erred in refusing the Dutch national claimant permission to appeal from the FTT determination holding that his deportation was in accordance with EEA Regulations 2006, reg 21 and Art 8 ECHR. The judgment helpfully contains relevant extracts of UTIAC President Blake J's Guidance Note for Tribunal Judges on permission to appeal. To read the full judgment click here.

Mhlanga, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1587 (Admin)(18 June 2012)
Singh J held that the Zimbabwean claimant's lengthy immigration detention had become unlawful under the third principle in Hardial Singh - "if, before the expiry of the reasonable period, it becomes apparent that the Secretary of State will not be able to effect deportation within a reasonable period, he should not seek to exercise the power of detention." The judgment records at paras [17]-[20] the SSHD's evidence regarding enforced returns to Zimbabwe including that that the Secretary of State is not presently in a position to remove persons to Zimbabwe who do not have a valid passport without their consent. To read the full judgment click here.

Lamari, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1630 (Admin) (18 June 2012)
The Deputy Judge held that the claimant asylum seeker was entitled to damages for unlawful detention because the SSHD had unjustifiably continued his detention after the receipt of a medical report detailing his mental health issues in circumstances where she had no adequate basis for belief in a realistic prospect of a removal solution within a reasonable timeframe. To read the full judgment click here.

Kunnel (length of academic year) [2012] UKUT 195 (IAC) (12 June 2012)
The UTIAC held that whatever the definition in nice and precise terms of one academic year may be, the FTT Judge had not erred in law in finding that attendance at a course over a period of three months was not a course of study "of at least one academic year in duration" under para 245HD(g) of the Immigration Rules (HC 395). To read the full determination click here.

Bah (EO (Turkey) - liability to deport) [2012] UKUT 196 (IAC) (12 June 2012)
UT chaired by the President laid out the approach to be taken by judges to deportation appeals not falling within UK Borders Act 2007, s. 32 (automatic deportation). To read the full determination click here.

Immigration Law Training

New SRA regulation - COLPs and COFAs- what does this mean for practitioners?
HJT, 3 July 2012

HJT offets training for law firms and organisations recognised by the SRA addressing the way legal services are delivered, complaints procedures and the evaluation of risks, and on the future roles of Compliance Officer for Legal Practice (COLP) and Compliance Officer for Finance and Administration (COFA): useful for all those who work in the regulatory aspect of immigration control.
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.

Home Office Announcement - the changes and what this means
HJT, 16 July 2012, London

HJT offers training on the radical changes in the family migration route. For full details, click here.

Don't fall in love - significant others post 8 July 2012
ILPA. 23 July 2012, Birmingham

ILPA offer training on changes to the Rules in respect of Family Migration. 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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