Immigration Law Bulletin - Issue 287 – 13 August 2012

Monday 13 August 2012

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News

The Commission on a Bill of Rights seeks further views from the public, posing a series of questions building on its 2011 Discussion Paper and on the views heard so far, about whether or not this country needs a UK Bill of Rights, and if so, what the form and content of any such Bill might be. Click here for more information.

Cases

Othman, R (on the application of) v Special Immigration Appeals Commission (SIAC) & Ors [2012] EWHC 2349 (Admin) (09 August 2012)
Hughes LJ in the Court of Appeal considered bail in SIAC cases, noting that SIAC was peculiarly suitable to conduct the essential balancing exercise involved in determining the issue of reasonableness of long-term detention. Where a hard-edged or florid error of law were demonstrated, the court ought to exercise its original jurisdiction to re-determine the Hardial Singh issue, and it would do so via a grant of judicial review (whether of the decision of the Secretary of State or of SIAC is in the end not material) rather than by the blunter instrument of the grant of habeas corpus, so that for example the question of bail could be remitted to SIAC to reconsider in the light of this court's judgment. To read the full judgment click here.

Onuekwere (imprisonment - residence) Nigeria [2012] UKUT 269 (IAC) (03 August 2012)
The UTIAC found that as a result of the decision in Tsakouridis it is no longer clear whether imprisonment breaks continuity of residence for the purposes of acquiring the benefit of the higher (or highest) level of protection based upon 5 (or 10) years' residence and a clear understanding of the EU law provisions was necessary before the UTIAC would be in a position to finally determine the matter before it. It therefore referred to questions to the CJEU:

(i) In what circumstances, if any, will a period of imprisonment constitute legal residence for the purposes of the acquisition of a permanent right of residence under Article 16 of the Citizens Directive 2004/38?

(ii) If a period of imprisonment does not qualify as legal residence, is a person who has served a period of imprisonment permitted to aggregate periods of residence before and after his imprisonment for the purposes of calculating the period of 5 years needed to establish permanent right of residence under the Directive?

To read the full judgment click here.

Events

Update: Deportation
ILPA, Monday 20 August 2012 at 4pm

ILPA presents a course on the New Immigration Rules affecting deportation which took effect on 9 July 2012. Click here for more information.

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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