Immigration Law Bulletin - Issue 286 - 6 August 2012

Monday 6 August 2012

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Cases

Secretary of State for the Home Department v Hayat (Pakistan) [2012] EWCA Civ 1054
31 July 2012

In considering the ratio of Chikwamba v Secretary of State for the Home Office [2008] UKHL; the Court of Appeal held that dismissing a claim on the procedural ground that it was the Secretary of State's policy that an application should have been made from the home state, may constitute a disruption of family or private life sufficient to engage Article 8, particularly where children are adversely affected. Moreover, where Article 8 is engaged, it will be a disproportionate interference with family or private life to enforce such a policy unless; there is a sensible reason for doing so. Whether it is sensible to enforce that policy will necessarily be fact sensitive; they will include the prospective length and degree of disruption of family life and whether other members of the family are settled in the UK.
If the Secretary of State has no sensible reason for requiring the application to be made from the home state, the fact that he has failed to do so should not thereafter carry any weight in the substantive Article 8 balancing exercise. 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

Mr Nicholas Paines QC sitting as a deputy judge of the High Court; found that an Iraqi Kurd who had been detention for three years and four months had not been unlawfully detained as there had always been a realistic prospect of his removal within a reasonable period of time. This was in spite of a number of different and changing obstacles to his removal that prevented his actual return. To read the full judgment click here.

Ahmad & Ors (removal of children over 18) Pakistan [2012] UKUT 267 (IAC)
30 July 2012

There is no power under the provisions of section 10(1)(c) of the Immigration and Asylum Act 1999 to remove children who are over the age of 18 years, as the family members of an adult being removed for having used deception whilst seeking leave to remain, pursuant to section 10(1)(b) of the same Act. 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.

The New Family Immigration Rules and their significance
JCWI, 14 September 2012, London

New changes to immigration law made in July 2012 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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