Immigration Law Bulletin - Issue 295 - 9 October 2012

Tuesday 9 October 2012

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HJT Training's Immigration Manual, now in its Eleventh Edition and covering the latest changes to family migration in Appendix FM, is now available on the Kindle. For more information click here.

Italy's Council of Ministers approved a document providing guidelines to address the emergency situation in North Africa and the resulting influx of forced migrants into the country by the end of 2012. For a copy of the document click here.

UNHCR have published a second regional response plan to the on-going refugee crisis emanating from Syria. UNHCR put the current number of refugees from Syria at 300,000 triple the rate of exodus of summer 2012. For more information click here.

The Council of Europe Group of Experts on Action against Trafficking in Human Beings (GRETA) published their annual general report, giving an overview of implementation of the Council of Europe Convention Action against Trafficking in Human Beings 2008) in 13 countries. For more information click here.


Singh and Others v Belgium (application no. 33210/11)
The Strasbourg Court found that copies of documents produced by UNHCR's office in Delhi had been rejected, as had identity documents, without sufficient investigation, the domestic authorities having discounted them because they were easily falsified. It was inadequate to reject applications in these circumstances without further investigation by the domestic authorities. To read the full judgement click here.

EH, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2569 (Admin) (27 September 2012)
Lang J found that detention healthcare staff are bound by their professional guidelines on patient confidentiality, but in practice this should not restrict their ability to pass information to immigration officers, since most detainees will readily consent to information about their ill health being disclosed to the UKBA since that might secure their release. Where detention was unlawful for breach of a proper application of policy, it was equally not in accordance with domestic law, and thus might be a disproportionate interference with private life. To read the full judgement click here.

Hristo Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti [2012] EUECJ C-249/11 (04 October 2012)
The CJEU found that European Union law must be interpreted as precluding the application of a national provision which provides for the imposition of a restriction on the freedom of movement, within the European Union, of a national of a Member State, solely on the ground that he owes a legal person governed by private law a debt which exceeds a statutory threshold and is unsecured. To read the full judgement click here.

Abdulkhakov v Russia 14743/11 - HEJUD [2012] ECHR 1771 (02 October 2012)
The European Court of Human Rights reiterated that it must be cautious in taking on the role of a first-instance tribunal of fact and where domestic proceedings have taken place, it is not its task to substitute its own assessment of the facts for that of the domestic courts and, as a general rule, it is for those courts to assess the evidence before them. The extra-judicial transfer or extraordinary rendition, by its deliberate circumvention of due process, is an absolute negation of the rule of law and the values protected by the Convention. The expulsion of persons accused of criminal offences in relation to their involvement with prohibited religious organisations in Uzbekistan would give rise to an Article 3 breach, where human rights violations were alarming. To read the full judgement click here.

Immigration Law Training Events

Article 8 update
Thursday 11 Oct 2012, 16.00, London
David Chirico and Sonali Naik return with this popular course that will ensure that you are fully up to date with all the latest caselaw, rules and developments and equipped to identify and deal with Article 8 points arising in your practice. Click here for more information.

Points Based System Update
Thursday 11 October 2012, 16:00, London
HJT Training run their Points Based System Update with expert practitioner Navi Ahluwalia. Click here for more information.

Tier 1 Investors and entrepreneurs, ILPA
Wednesday 10 Oct 2012, 16.00, in Central Londo
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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