Immigration Law Bulletin - Issue 292 - 18 September 2012

Tuesday 18 September 2012

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Just as the UTIAC declared in VT (Dublin Regulation: post-removal appeal) Sri Lanka [2012] UKUT 308 (IAC) that allegations of mistreatment in safe third countries were not a matter to require investigation in Dublin 2 cases, UNHCR declared that Serbia was not a safe third country. Meanwhile Slovakia was the object of severe criticism by human rights groups and the European Commission for its practice of phallometric testing to ascertain the sexual orientation of asylum seekers. See the most recent ECRE bulletin for this, and much more.


Nada v Switzerland 10593/08 - HEJUD [2012] ECHR 1691 (12 September 2012)
The Strasbourg Court considered a UN Order preventing its subject from entering or passing through Swiss territory where this would limit his access to medical treatment. In the light of the Convention's special character as a treaty for the collective enforcement of human rights and fundamental freedoms, the Court found that a State could not validly rely on Security Council resolutions without considering adapting the sanctions regime to the applicant's individual situation. Additionally as there was no effective means of obtaining the removal of his name from the list annexed to the Taliban Ordinance, there was no effective remedy available to him. Click here to read the full judgement.

Secretary of State for the Home Department v FV (Italy) [2012] EWCA Civ 1199 (14 September 2012)
The Court of Appeal returned to the popular theme of the long residence protection in European Union law against expulsion for criminality. Criminal offences that are listed in Article 83(1) of the Treaty on the Functioning of the European Union could reach the threshold of Article 28(3) of the Directive, if the manner in which such an offence had been committed disclosed "particularly serious" characteristics and posed a direct threat to the calm and physical security of the population: those offences were notable for having a cross-border dimension. A period in prison during the 10 years immediately prior to the decision to deport does not automatically mean that the EEA national must lose his "enhanced protection". Click here to read the full judgement. l

Francis, R (on the application of) v Secretary of State for Justice & Secretary of State for the Home Department [2012] EWCA Civ 1200 (14 September 2012)
The Court of Appeal found that there is a duty on the Secretary of State to give consideration to a grant of Home Detention Curfew to Foreign National Prisoners. However such a scheme, designed as it is to promote resettlement, cannot be expected to apply to foreign national prisoners awaiting the enforcement of deportation proceedings. Click here to read the full judgement.

KA (Turkey) v Secretary of State for the Home Department [2012] EWCA Civ 1183 (12 September 2012)
Rix LJ found that Home Office decisions and policies regarding Turkish businesspeople seeking to exercise their right of establishment in the United Kingdom which used the fraud exception to cover breaches of conditions as well as fraud and abuse of rights were in error. Click here to read the full judgement.

Kato & Anor, Re Judicial Review [2012] ScotCS CSOH_146 (11 September 2012)
Lord Stewart sitting in the Court of Session, Outer House, found that those visiting the United Kingdom to attend alternative lifestyle courses provided by the Findhorn Community were, as general visitors, free to study where they wish and what they wish; and if he was wrong on this, their cases cried out for the exercise by the Secretary of State of her discretion not to apply the "course of study" condition to general visitors attending non-accreditable, holistic education courses at the Findhorn Foundation. Click here to read the full judgement.

Minister for Justice, Equality and Law Reform, Ireland, Attorney General [2012] EUECJ C-175/11 (06 September 2012)
Advocate-General Bot gave his opinion in the ongoing forthcoming CJEU proceedings, that a Member State could use accelerated or prioritised procedures for the examination of certain categories of applications for asylum defined on the basis of the nationality or country of origin of the applicant. Click here to read the full judgement.

Immigration Law Training Events

The Revolution in Family Migration - Practical Solutions and Ideas from the First Three Months
HJT, Tuesday 26 September

HJT will be running occasional update courses which both review the mechanics of the rules changes. Click here for more information.

Getting Started in Business Immigration Law
ILPA, Thursday 20 September 2012 at 4pm

Graeme Kirk presents this course: "A comprehensive and comprehensible guide to this fast-changing area". Click here for more information.

Garden Court Chambers Film Festival: Hamedullah
Friday 19 October 2012 at 6:00pm

Garden Court Chambers will be showing six human rights themed films this Autumn. Hamedullah is the story of Hamedullah Hassany, a teenager who fled Afghanistan for the UK. 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.

Garden Court Chambers Film Festival

Garden Court Chambers is delighted to present a series of six thought-provoking films this autumn. Each film explores different human rights issues connected with our work. Each film screening will be followed by a panel discussion, films will be showing from Friday 5 October until Friday 9 November, click here for more information.


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