Immigration Law Bulletin - Issue 282 – 10 July 2012

Tuesday 10 July 2012

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As announced by the government on 18 June 2012, the Immigration Appeals (Family Visitor) Regulations 2012 came into force on 9 July. Click here for more information.

So too did the new immigration rules on family members discussed in recent Immigration law bulletins.


Mohammed v Austria 2283/12 (Communicated Case) [2012] ECHR 1226 (03 July 2012)
The Strasbourg Court communicated questions relating to the efficacy of the asylum system particularly remedies in Hungary to the parties. For more details, click here.

Halimi v Austria and Italy 53852/11 (Communicated Case) [2012] ECHR 1203 (03 July 2012)
The Strasbourg Court communicated questions regarding the treatment of asylum seekers in Italy relating to accommodation, subsistence and medical treatment - circumstances that were aggravated by the applicant's precarious physiological and psychological health status. For more details, click here.

Medhanye, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1799 (Admin) (02 July 2012)
The Administrative Court upheld their provisional view that notwithstanding the possible deficiencies in asylum systems across Europe, the question of dignity under the Charter of Fundamental Rights had no relevance independent of treatment contrary to Article 3 ECHR. For more details, click here.

G1 v Secretary of State for the Home Department [2012] EWCA Civ 867
Laws LJ in the Court of Appeal noted that section 92(1) of the 2002 Act indicates a view on the part of the legislature that out of country appeals to the FTT are in principle neither unfair nor ineffective and this shaped the requirements of fairness when the Court considered the question of whether a person who was excluded from the United Kingdom on the ground that it was conducive to the public good following the Secretary of State having made an order pursuant to s.40(2) of the British Nationality Act 1981 depriving him of his British citizenship should be able to return to exercise an "in-country" right of appeal. For more details, click here.

S, R (on the application of) v First-Tier Tribunal [2012] EWHC 1815 (Admin) (04 July 2012)
Cox J in the Administrative Court followed Lindblom J in TN in finding that a person granted discretionary leave to remain rather than refugee status and unable to appeal at the present time due to the length of their leave to remain had not been denied an effective remedy as required by Article 39(1) - the provisions of section 83 could not be said to have deprived such a person of an effective remedy of the relevant kind to which Article 39 (1) refers given that the availability of judicial review can be relied upon as going to the provision of an effective remedy: and where, during the period of his discretionary leave, a person claiming asylum enjoys a status which offers the same rights and benefits under national and Community law as the refugee status by virtue of the Qualification Directive, his status is itself an effective remedy.

RS (immigration and family court proceedings) India [2012] UKUT 218 (IAC) (04 July 2012)

The UTIAC gave guidance on the materiality of family proceedings running concurrently with an immigration appeal. Where these proceedings were material and not thought to have been brought to delay or frustrate removal, relevant considerations as to their immigration consequences were the degree of the claimant's previous interest in and contact with the child, the timing of contact proceedings and the commitment with which they have been progressed, when a decision is likely to be reached, and what materials (if any) are already available or can be made available to identify pointers to where the child's welfare lies. Having done so it would then be possible to determine whether the appropriate disposition of the appeal would be a decision conferring leave to remain on an interim basis applying MS (Ivory Coast) principles, or an adjournment. For more details, click here.

Nimako-Boateng (residence orders - Anton considered) Ghana [2012] UKUT 216 (IAC) (04 July 2012)

The UTIAC found that a residence order or prohibited steps order made by a judge of the family court under s.8 of the Children Act 1998 do not bind the Secretary of State for the Home Department. For more details, click here

Immigration Law Training

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.

Criminal Law for Immigration Practitioners
ILPA, 18 July 2012, London

Robert Ward presents the course Criminal Law for Immigration Practitioners for ILPA addressing basic principles of criminal law and procedure. Click here for more information.

The New EEA Regulations and Zambrano Update
HJT Training, 18 July 2012, London

HJT Training present their course on the new changes to The Immigration (European Economic Area) Regulations 2006 and provide the latest information on Zambrano. Click here for more information.

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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