Immigration Law Bulletin - Issue 283 – 17 July 2012

Tuesday 17 July 2012

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Statutory and Immigration Rule changes

The Immigration Appeals (Family Visitor) Regulations 2012 No. 1532 came into effect on 9 July 2012. For more details, click here.

The Immigration (European Economic Area) (Amendment) Regulations 2012 No.1547 will come into effect on 16 July 2012. For more details, click here.

Cases

SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940
13 July 2012

The Court of Appeal set out under what circumstances proceedings should be stayed pending a challenge to a country guidance decision made by the Upper Tribunal (Immigration and Asylum Chamber). For more details, click here.

Alam & Ors v Secretary of State for the Home Department [2012] EWCA Civ 960
13 July 2012

The Upper Tribunal's determination in Shahzad (s. 85A: commencement) Pakistan [2012] UKUT 81 (IAC) was wrongly decided. S85(a) of the Nationality, Immigration and Asylum Act 2002 applied to all appeals heard after the date of commencement, irrespective of when the original application was made. For more details, click here.

SS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ 945
11 July 2012

The failure of the Tribunal to consider the best interests of the appellant's children was not material in circumstances where there was insufficient evidence before the Tribunal for it to consider where their best interests lay. For more details, click here.

MK & Anor v Secretary of State for the Home Department & Anor [2012] EWHC 1896 (Admin)
10 July 2012

The policy of the Secretary of State, that she should have up to 15 days to consider a fresh claim for asylum, before S.4 support would be available, was unlawful as it risked the asylum seeker becoming destitute. For more details, click here.

S, R (on the application of) v First-Tier Tribunal [2012] EWHC 1815 (Admin)
4 July 2012

In circumstances of an asylum seeking child, who had been refused asylum but granted 5 months discretionary leave to remain; S.83 of the Nationality, Immigration and Asylum Act 2002 was compatible 'the best the interests of the child' and not incompatible with his right to an effective remedy under Council Directive 2005/85/EC, as the decision was still amenable to judicial review. For more details, click here.

CM (Article 1F(a) - superior orders) Zimbabwe [2012] UKUT 236 (IAC)
13 July 2012

In deciding whether a person is excluded from the Refugee Convention having committed acts contrary to Article 1F(a), the effect of Article 33(1) of the Statute of the International Criminal Court is that obedience to superior orders can be a defence, if each of the three stipulated requirements are met. However, the Article 33(1)(c) requirement can never be met in cases where the order was to commit genocide or a crime against humanity. For more details, click here.

Ewulo (effect of family permit - OFM) Nigeria [2012] UKUT 238 (IAC)
13 July 2012

In circumstances where a family permit has been lawfully issued by an ECO under Regulation 12 of the Immigration (European Economic Area) Regulations 2006. If the Secretary of State then subsequently refuses to issue a residence card, the issue is whether there has been a material change of circumstances since arrival, so that the family permit holder no longer qualifies as an extended family member. For more details, click here.

JO (qualified person - hospital order - effect) Slovakia [2012] UKUT 237 (IAC)
13 July 2012

An EEA national who is subject to a hospital order under the Mental Health Act 1983, continues to be a qualified person for the purpose of the Immigration (European Economic Area) Regulations 2006. For more details, click here.

Immigration Law Training

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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