Immigration Law Bulletin - Issue 296 – 15 October 2012

Monday 15 October 2012

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Sad to report that John Dean, who for many years was the inspiration in transforming the Electronic Immigration Network from a theoretical idea to an essential part of the immigration lawyers' armoury, passed away after a long illness. Click here for tribute.

The latest SIAC hearing in Abu Qatada's long running deportation case has commenced. To read further, click here.

For criticism of proposed withdrawal of free legal advice and representation for foreign national prisoners, click here.


Mohammed Muqtaar, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1270 (12 October 2012)
The CA by 2-1 majority rejected the entirety of the Somali claimant's claim (on appeal) for unlawful detention, holding inter alia that it did not breach Hardial Singh principles for the SSHD not to release him upon receipt of an indication from the ECtHR under rule 39 of the Rules of Court that the detainee should not be deported until it had determined a related lead case. In the minority Elias LJ held that the claimant had been unlawfully detained during the second week of a two week period between the issuing by the ECtHR of judgment in that lead case of Sufi and Elmi and his being granted bail - a single week should have been sufficient for the SSHD to review the situation and realise that she could no longer detain on Hardial Singh principles.
To read the full judgement click here.

MA, R (on the application of) (by her Litigation Friend FD) v Secretary of State for the Home Department [2012] EWHC 2683 (Admin) (5 October 2012)
In rejecting the Somali claimant's challenge to SSHD's on-going refusal to accept her mother's and brother's applications for family reunion and for asylum under the (subsequently withdrawn) "Applications from Abroad" policy without payment of a fee, Birtles J held inter alia: (a) with respect to an earlier consent order, that the policy drew a distinction between accepting an asylum application abroad and consideration of it and only once an application had been so accepted would the documents be forwarded to UKBA for full consideration of the asylum claim; and (b) that the discretion to waive entry clearance fees was exercised only in the most exceptional circumstances and that the SSHD had not erred in the way she had reached her negative decision concerning the fees and that her decision did not violate Article 8 rights.
To read the full judgment click here.

JK, R (on the application of) v Nottingham City Council (AAJR) [2012] UKUT 00341(IAC) (19 September 2012)
A partially successful substantive challenge to a local authority age assessment in the UTIAC in which it was determined that the applicant was younger than assessed but older than he claims.
To read the full judgement click here.

Immigration Law Training Events

Procedure before the European Court of Human Rights in Immigration Cases
ILPA, Wednesday 17 October 2012, 4pm in London
Tutor: Adam Weiss, Legal Director of the AIRE Centre (Advice on Individual Rights in Europe). The aim of the session is to enable participants to master the procedural aspects of taking a case to the European Court of Human Rights. The focus is on the procedural aspects of taking a case, from identifying suitable cases to enforcing judgments. Click here for more information.

Psychological factors in credibility assessments of asylum seekers
ILPA, Thursday 18 October 2012, 4pm in London
Tutors: Raggi Kotak, barrister, and Dr Jane Herlihy, Chartered Clinical Psychologist, Director of the Centre for the Study of Emotion and Law
Click here for more information.

HJT Training present an update course on Nationality law
Thursday 18th October at 4pm in central London presented by Adrian Berry
Click here for more information.

HJT Training Points Based System update
Thursday 18 October at 4pm in Birmingham presented by Julian Bild
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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