Immigration Law Bulletin - Issue 291 - 10 September 2012

Monday 10 September 2012

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News

Statement of changes HC 565 comes into effect on 6 September and 1 October 2012. The changes bring a raft of requirements previously set out in guidance, into the immigration rules. Click here for more information.

The UK Border Agency has issued its quarterly stats for April - June 2012. Click here for more information.

In response to the Supreme Court Judgement in Alvi, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 33, the UK Border Agency has published guidance to its caseworkers for all relevant decisions. Click here for more information.

Cases

Secretary of State for the Home Department v Islam & Anor [2012] EUECJ C-83/11
5 September 2012

The proper construction of Article 3(2) of Directive 2004/38/EC does not require Member States to grant every application for entry or residence submitted by 'extended family members', even if they show, in accordance with Article 10(2), that they are dependants of an EU citizen. It is, however, incumbent upon the Member States to ensure that their legislation contains criteria which enable those persons to obtain a decision on their application for entry and residence that is founded on an extensive examination of their personal circumstances and, in the event of refusal, is justified by reasons. The Member States have a wide discretion when selecting those criteria, but the criteria must be consistent with the normal meaning of the term 'facilitate' and of the words relating to dependence used in Article 3(2) and must not deprive that provision of its effectiveness. Click here to read the full judgement.

Bundesrepublik Deutschland v Y & Z [2012] EUECJ C-71/11
5 September 2012

Articles 9(1)(a) of Council Directive 2004/83/EC must be interpreted as meaning that not all interference with the right to freedom of religion, which infringes Article 10(1) of the Charter of Fundamental Rights, is capable of constituting an 'act of persecution'. For the purpose of determining whether interference with the right to freedom of religion may constitute an 'act of persecution', the competent authorities must ascertain, whether that person, as a result of an external manifestation of that religion in his country of origin, runs a genuine risk of being persecuted. Click here to read the full judgement.

Abdin (domicile - actually polygamous marriages) Bangladesh [2012] UKUT 309 (IAC)
10 September 2012

Whilst the Private International Law (Miscellaneous Provisions) Act 1995 amended section 11(d) of the Matrimonial Causes Act 1973, so that a potentially polygamous marriage would not be void if either party was at the time of the marriage domiciled in England and Wales, it did not alter the position regarding actually polygamous marriages. Under section 11(d) of the 1973 Act, a polygamous marriage entered into outside England and Wales shall still be void if either party at the time of the marriage was domiciled in England and Wales. Click here to read the full judgement.

VT (Dublin Regulation: post-removal appeal) Sri Lanka [2012] UKUT 308 (IAC)
10 September 2012

Where an out of country appeal has been made to the First-tier Tribunal by a person who has been removed to an EU member State pursuant to the Dublin Regulation, paragraph 6 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 precludes the appellant from bringing the appeal on any grounds that relate to the Refugee Convention. However, NS v Secretary of State for the Home Department [2011] EUECJ C-411/10 requires paragraph 6 of Schedule 3 to be "read down", where the EU State to which the appellant has been sent is shown to be one whose asylum processes are experiencing major 'systemic deficiencies'. In such circumstances, the Tribunal would allow the appeal, to the extent that the removal decision is held to be not in accordance with the law. It would then be for the respondent to secure the appellant's return to the United Kingdom, where his or her claim to be in need of international protection would be substantively considered by the respondent and, if necessary, determined on appeal. Click here to read the full judgement.

Immigration Law Training 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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