Immigration Law Bulletin - Issue 297- 22 October 2012

Monday 22 October 2012

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Cases

EM (Eritrea) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1336
17th October 2012

Following NS v Secretary of State for the Home Department [2011] EUECJ C-411/10, the test for opposing return under the Dublin II Regulations is that in the country of first arrival there are "systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers ... [which] amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment...". The fact that it was clearly arguable in each of the individual circumstances of the applicants that they face a real risk of inhuman or degrading treatment if returned to Italy; wasn't sufficient to stop their return. It was necessary to demonstrate that it is a systemic deficiency in the receiving state's asylum or reception procedures that gives rise to the risk. To read the full judgement click here.

EH (blood feuds) Albania CG [2012] UKUT 348 (IAC)
15th October 2012

New country guidance on blood feuds in Albania, that concludes that their prevalence and impact are in decline. To read the full judgement click here.

Win (s. 83 - order of events) Burma/Myanmar [2012] UKUT 365 (IAC)
10th October 2012

A right of appeal under S.83 of the Nationality, Immigration and Asylum Act 2002 arises only if the grant of leave postdates the asylum claim. To read the full judgement click here.

HAA (s.72: overseas conviction) Somalia [2012] UKUT 366 (IAC)
10th October 2012

Where S.72 of the Nationality, Immigration and Asylum Act 2002 is invoked and the conviction was outside the United Kingdom, there must be either proof of the offence and sentence (s 72(3)), or certification under s 72(4)(b). The statute does not require the certification to be in the letter of refusal. To read the full judgement click here.

Rajbhandari (PBS: funds - available) Nepal [2012] UKUT 364 (IAC)
8th October 2012

Funds only needing to be "available" to an applicant is, based on the proper construction of Appendix C of the Immigration Rules, only relevant for student applications. To read the full judgement click here.

Singh [2012] EUECJ C-502/10
18th October 2012

A third country national, granted a residence permit for a limit period that can be renewed indefinitely, due to their membership of a particular group, is not residing 'solely on temporary grounds' within a Member State for the purpose of Article 3(2)(e) of Council Directive 2003/109/EC. To read the full judgement click here.

Legislative changes

The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012. Coming into force on 8th November 2012, the amendment regulations amend the Immigration (European Economic Area) Regulations 2006 to give effect to the judgments of the Court of Justice of the European Union in the cases of Secretary of State for the Home Department v Islam & Anor [2012] EUECJ C-83/11 and Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09. Click here for more information.

Courses and Training

ILPA - Bail in the Tribunal; Practice and Procedure
24th October 2012

The course provides a thorough grounding for solicitors and caseworkers who are preparing bail applications as well as strategic and legal guidance for advocates appearing at bail hearings. For more information click here.

HJT training - Update on EEA Law
8th November 2012

Update on EEA Law: A review of developments, both domestic and European, in the law that concerns European migration. 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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