Immigration Law Bulletin - Issue 301 - 20 November 2012

Tuesday 20 November 2012

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Judicial Implementation of Article 3 of the Convention on the Rights of the Child in Europe, of which Nadine Finch of Garden Court is co-author, has now been published by UNICEF. Click here for more information.


R (Bushara) v Secretary of State for the Home Department
Mr Ockelton sitting as a Deputy High Court judge found that removals to Italy could proceed as the Court of Appeal decision in EM Eritrea and Others settled the matter adversely to asylum seekers. A transcript is awaited.

HM and others (Article 15(c)) Iraq CG [2012] UKUT 00409 (IAC) (13 November 2012)

The UTIAC had another crack at Iraq and armed conflict. They maintained their approach to armed conflict law as set out in their earlier HM determination, and the Tribunal's view that internal relocation is available. If a national of Iraq who has failed to establish that conditions inside Iraq are unsafe is compulsorily returned to Baghdad International Airport (BIAP) on either a current or expired Iraqi passport, there is no real risk of detention in the course of BIAP procedures (except possibly in respect of those who are the subject of a judicial order or arrest warrant). Nor is there such a risk if such a person chooses to make a voluntary return with a laissez passer document which can be issued by the Iraqi embassy in the UK. Those lacking current or expired passports might face a risk of Article 3 mistreatment but this would not be relevant absent any intention to return persons in this position. Click here to read the full judgment.

Adamally and Jaferi (section 47 removal decisions: Tribunal Procedures) Sri Lanka [2012] UKUT 414 (IAC) (15 November 2012)

The UTIAC found that when a removal decision purportedly under s 47 of the Immigration, Asylum and Nationality Act 2006 is made concurrently with a decision refusing further leave: the s 47 decision is unlawful, but the decision refusing leave is a separate decision, that requires determination; section 85(1) of the Nationality, Immigration and Asylum Act 2002 brings the two decisions into one appeal, but s 86 of that Act allows and requires the determination to reflect differences in outcome. Click here to read the full judgment.

MN and others (Ahmadis - country conditions - risk) Pakistan CG [2012] UKUT 389 (IAC) (14 November 2012) the UTIAC found that if an Ahmadi is able to demonstrate that it is of particular importance to his religious identity to practise and manifest his faith openly in Pakistan in defiance of the restrictions in the Pakistan Penal Code (PPC) under sections 298B and 298C, they are likely to be in need of protection, in the light of the serious nature of the sanctions that potentially apply as well as the risk of prosecution under section 295C for blasphemy. It is no answer to expect an Ahmadi who fits this description to avoid engaging in such behaviour to avoid a risk of prosecution. Click here to read the full judgment.

Said (Article 1D : meaning) Palestinian Territories [2012] UKUT 413 (IAC) (15 November 2012)
The UTIAC found that because of the wording of the Qualification Directive, Community law looks outside itself for the interpretation of article 1D, and the CJEU's pronouncement on the meaning of this aspect of refugee law is a pronouncement on the autonomous meaning of article 1D. Following the CJEU's reversal of the operative part of the decision of the Court of Appeal in El-Al, the other elements of the latter decision may need to be reconsidered, possibly along the lines set out by the Advocate General in Bolbol in the CJEU who had stated that where a displaced Palestinian can no longer benefit from UNRWA protection or assistance as a result of external circumstances over which he had no control, they have an automatic right to refugee status.

JE (Uganda) v Secretary of State for the Home Department [2012] EWCA Civ 1437 (14 November 2012)
Richards LJ in the Court of Appeal found that the employer's pension contributions were correctly left out of account by UKBA in the calculation of the appellant's earnings for the purposes of paragraph 245C of the Immigration Rules. Click here to read the full judgment.

Courses and Training

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.

ILPA training - Refugee and International Protection Law Update
Thursday 29 November 2012

Mark Symes and Peter Jorro update you on the latest developments legal developments on refugee law, subsidiary protection, other human rights Conventions relevant to protection of migrants, and litigation likely to arise out of these developments. The course will address the full implications of decisions such as RT (Zimbabwe) [2012] UKSC 38. Click here for more information.

HJT Training - Immigration update - The changes
Tuesday 27 November 2012

focussing on the key changes over the last 6 months, with particular attention being given the April, June and July changes to the Immigration Rules, including the new private and family life categories, appendices FM and FM-SE, new rules on overstaying, removal and deportation, and major changes to the PBS routes. 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.

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