Immigration Law Bulletin - Issue 285 - 31 July 2012

Tuesday 31 July 2012

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News

In The Fact of Age, a report issued by Maggie Atkinson, Children's Commissioner for England has revealed problems still occur in age assessments of children seeking asylum. Decision-making often does not function smoothly. This could also result in children being judged to be adults. Click here for more information.

Cases

RT (Zimbabwe) & Ors v Secretary of State for the Home Department [2012] UKSC 38 (25 July 2012)
The Supreme Court confirmed that the HJ Iran principle applies to asylum claims turning on attributed political opinion: thus it was unattractive and offensive to suggest that a person who would otherwise suffer persecution should be required to take steps to evade it by fabricating a loyalty, which he or she did not hold, to a brutal and despotic regime. To read the full judgment click here.

KA (Afghanistan) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1014 (25 July 2012)The Court of Appeal identified that there had been a systemic breach of the duty to endeavour to trace parents by the Secretary of State, and thus those children who had been arguably prejudiced by this in the consideration of their case including appeal proceedings, notwithstanding that they might now be 18 years of age, should now have the advantage of a reconsideration of their case to determine whether a compensatory grant of leave to remain was appropriate. To read the full judgment click here.

Patel & Ors v The Secreatary of State for the Home Department [2012] EWHC 2100 (Admin) (24 July 2012)The Administrative Court found that the difference in treatment of former beneficiaries of the HSMP scheme between those who left after the changes in April 2006 and those who left after those in November 2006 was not justified, and the Secretary of State should reconsider whether they should be granted indefinite leave to remain. To read the full judgment click here.

Mahmoud, R (on the application of) v Secretary of State for Home Department [2012] EWHC 2201 (Admin) (27 July 2012)
The Administrative Court found that detention of an Iraqi national was lawful, notwithstanding the uncertainty as to removal that might have been thought to have arisen given the overturning of the Country Guidelines determination of HM (Iraq), given that the evidence of mistreatment relied on by the claimant but rejected by the Upper Tribunal in HM was not such as to cast substantial doubt on the reliability of the UTIAC's findings in the CG case. To read the full judgment click here.

NB Algeria, R (On the Application Of) v Secretary of State for the Home Department [2012] EWCA Civ 1050 (27 July 2012)
The Court of Appeal found that whereas an applicant for judicial review who had their claim dismissed in the UTIAC could not lodge an application for permission to appeal to the Court of Appeal pending the receipt of written reasons, where they were vulnerable to removal, the Court should nevertheless take a generous view of any application for a stay of any removal directions against them. To read the full judgment click here.

YZ (China), R (On the Application Of) v Secretary of State for the Home Department [2012] EWCA Civ 1022 (26 July 2012)
The Court of Appeal considered the case of an asylum seeker whose claim had been certified as clearly unfounded prior to their removal abroad: the Secretary of State had subsequently withdrawn that certificate. They noted that whilst the fact that a person has been unlawfully deprived of his statutory right to an in-country appeal should be the starting point and is a strong factor in favour of return, it would be wrong to seek to cut down the discretion of the court in relation to the grant of a mandatory injunction. The particular circumstances of the case may give rise to numerous other factors capable of bearing on the question whether it is just and appropriate to grant such an injunction. Relevant considerations would include the nature of the appeal and whether it could be justly pursued from abroad, the best interests of any children involved, and, marginally, any criminal offences committed by the Claimant. To read the full judgment click here.

Events

EEA Nationals: A Guide to the Amended Regulations
ILPA, Tuesday 11 September at 4pm
ILPA present their course EEA Nationals: A Guide to the Amended Regulations, Adrian Berry being amongst the speakers. Click here for more information.

The Revolution in Family Migration - Practical Solutions and Ideas from the first three months
HJT, Thursday 13 September 2012 at 4pm
In central London HJT Training present, the first of a series in which practitioners will be kept abreast of the latest thinking and developments in this dramatic area. Click here for more information.

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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