Immigration Law Bulletin - Issue 299 - 5 November 2012

Monday 5 November 2012

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Garden Court Immigration Team receives top Chambers & Partners ranking

The Garden Court Chambers Immigration Team was delighted to learn that, once again, we have been ranked in Band 1 in the Chambers UK 2013 directory. Furthermore, we remain the only set in London ranked in the top band for Immigration. The editors comment "Garden Court Chambers leads the way in immigration law due to the unparalleled strength in depth it offers. Its impressive range of market-leading silks and juniors cover the complete immigration law spectrum and regularly appear in the most important cases both domestically and internationally. Its counsel are so authoritative in the area that many contribute to the leading academic texts on immigration law. Leading solicitors firms instinctively look to them when difficult cases arise." Click here for the full commentary.

News

The High Court has introduced a new form to be completed and emailed to the Out of Hours clerk when seeking out of hours consideration. This is in addition to the normal procedure for contacting the out of hours clerk by phone, which remains in place. The form is to be used on all applications made from the 12th November. Click here for more information.

Cases

MF (Article 8 - new rules) Nigeria [2012] UKUT 393 (IAC)
31 October 2012

The new immigration rules (HC 194) introduced on 9th July 2012, set out a number of mandatory requirements relating to claims reliant on Article 8 which make clear that if such requirements are not met, the Article 8 claim under the rules must be refused. However, if a decision to refuse an Article 8 claim under the new rules is found to be correct, judges must still consider whether the decision is in compliance with a person's human rights under s.6 of the Human Rights Act and, in automatic deportation cases, whether removal would breach a person's Convention rights (s.33(2) UK Borders Act 2007). Click here to read the full judgment.

MF was represented by Garden Court's Navitaj Ahluwalia. Read his comments on the determination on the Garden Court Immigration Team blog.

SA (Iran), R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2575 (Admin)
15 October 2012

In a judicial review against a certification of an asylum claim by an Iranian Christian convert under S.94(2) of the Nationality, Immigration and Asylum Act 2002, his Honour Judge Gilbert QC found that current evidence pointed to a greater risk for Iranian Christian converts than is reflected in the rather 'elderly' country guidance. He also made the following comments on the judicial assessment of the genuiness of a Christian conversion (at 24):
"It is a dangerous thing for anyone, and perhaps especially a judge, to peer into what some call a man or woman's soul to assess whether a professed faith is genuinely held, and especially not when it was and is agreed that she was and is a frequent participant in church services. It is a type of judicial exercise very popular some centuries ago in some fora, but rather rarely exercised today. I am also uneasy when a judge, even with the knowledge one gains judicially in a city as diverse as Manchester, is bold enough to seek to reach firm conclusions about a professed conversion, made by a woman raised in another culture, from the version of Islam practised therein, to an evangelical church in Bolton within one strand of Christianity. I am at a loss to understand how that is to be tested by anything other than considering whether she is an active participant in the new church." Click here to read the full judgment.

Mohammed, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3091 (Admin)
2 November 2012

Helpful guidance from Steven Morris QC, sitting as a Deputy High Court Judge, on the correction of injustices caused by the Secretary of State for the Home Department having made a previous unlawful immigration decision. Click here to read the full judgment.

Courses and Training

HJT training - Update on EEA Law
8 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.

HJT training - Understanding Legal Aid
Wednesday 14 November 2012
A practical course with tips on Maximising Profitability. Click here for more information.

ILPA training - The implications of Alvi and Munir
Monday 26 November 2012
Trainers including Ronan Toal will be presenting a session for ILPA on the ongoing implications for constitutional law and the doctrine of retrospectivity of Alvi and Munir. 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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