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Immigration Law Bulletin - Issue 293 – 24 September 2012

Monday 24 September 2012

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Private company Capita has been contracted by the Government to find people who have either overstayed or entered illegally. To read further click here.


Cai Juan Chen, R (on the application of) v (1) Secretary of State for the Home Department; (2) First Tier Tribunal (Asylum Support) [2012] EWHC 2531 (Admin) (14 September 2012)
Beatson J held that the requirement in the Asylum Support Regulations 2000, reg 2(4)(f) - that, in order to be treated as a dependant of a claimant receiving support under the Immigration and Asylum Act 1999, s 95, an unmarried partner had to have cohabited with the claimant for at least two of the previous three years - was not contrary to ECHR Arts 8 or 14. Even if Art 8 were engaged, the two-year residence requirement was justified as proportionate to the needs of immigration control and the prevention of the abuse of the system for the provision of asylum. To read the full judgment click here.

Temilola Arogundade, R (on the application of) v Secretary of State for Business, Innovation & Skills [2012] EWHC 2502 (Admin) (7 September 2012)
To establish eligibility for a student grant under the Education (Student Support) Regulations 2009, an individual had to meet the three-year ordinary residence requirement and Robin Purchas QC, sitting as a Deputy High Court judge, held that 'ordinary residence' for the purposes of para 5(1)(c) of Sch 1 part 2 to the 2009 Regulations, requires lawful residence and would not include residence as an overstayer in breach of the immigration rules. To read the full judgment click here.

KP & Anor, Re a decision of the Upper Tribunal (Immigration and Asylum Chamber) [2012] CSIH 70 (11 September 2012)
The Inner House of the Court of Session allowed the appeal from the UTIAC of a Pakistani mother and son and restored the determination of the FTT allowing their appeals on asylum grounds in a case where they had been subjected to serious domestic abuse by the husband / father and in which the FTT had held that there was a real risk that they would be tracked down and that lack of protection extended to other areas in Pakistan to which they could reasonably expected to go. To read the full judgment click here.

AHC (AP), Re Judicial Review [2012] CSOH 147 (11 September 2012)
Lord Stewart sitting in the Court of Session, Outer House, in the case of a Pakistani Christian convert, reduced and set aside the decision of the UT Judge refusing the petitioner permission to appeal to the UT from the determination of the FTT. In so doing he held (a) that the 'second appeals test' as per Eba (see Legal Bulletin Issue 233) does apply with its full rigour in Scotland but (b) that there was a compelling reason for setting aside the UT decision in this case 'constituted by the failure of the Upper Tribunal to exercise the jurisdiction confided to it by Parliament for the purpose of providing "fair, adequate and proportionate protection" of the Convention rights of an applicant in an extreme risk case.' To read the full judgment click here.

Ukus (discretion: when reviewable) [2012] UKUT 00307(IAC) (12 September 2012)
The UTIAC provided guidance on the approach to appeals in cases where the decision-maker had vested in him or her a discretion in making the decision and where either the FTT has or does not have a statutory power to review that exercise of discretion on appeal. To read the full determination click here.

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.

Thursday 27 Sep 2012, 16.00, London
3 CPD Hours
Malini Skandachanmugarasan and Smruti Jeyanandhan, Laura Devine Solicitors
By the end of the course, participants will have a good knowledge of how Tier 2 operates in practice. This will include guidance on the routes Tier 2 General (Restricted and Unrestricted) and ICT. The course will also detail the various pieces of policy clarification that the policy team at the UK Border Agency have issued. The course will also aim to provide practical solutions to the issues most commonly encountered with applications under Tier 2. 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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