Immigration Law Bulletin - Issue 302 - 26 November 2012

Monday 26 November 2012

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New immigration rules were announced, said to establish a more robust and clear criminality framework to assess immigration applications, recalculating the length of time, based on the length of sentence, before a deportation order will be revoked, introducing a re-entry ban for some foreign national offenders who have been removed from the UK as part of a conditional caution, and creating additional powers to end (curtail) a migrant's visa or leave. A new 'route' for ex-Armed Forces to remain in the UK was set out, and, vis-á-vis settlement generally, there were amendments to clarify the absences from the UK that are allowed during the continuous residence period for Tier 1 (General), Tier 2 and pre-points based system work routes (for example work permits, self-employment and business person). Click here for more information.


Ireland, v Attorney General [2012] EUECJ C-277/11 (22 November 2012)
The Court of Justice of the European Union found that, whilst there was no obligation to institute a "minded to refuse" stage in refugee status determination, where an application for subsidiary protection is dealt with in a separate procedure, necessarily after the rejection of an asylum application upon conclusion of an examination in which the applicant has been heard, it is necessary for the applicant to be heard again for the purpose of considering his application for subsidiary protection even if this otherwise replicates the earlier procedure - It was important that the applicant's right to be heard, in view of its fundamental nature, be fully guaranteed in each of those two procedures. To read the full judgment click here.

BB, R (on the application of) v Special Immigration Appeals Commission & Anor [2012] EWCA Civ 1499 (19 November 2012)
The Court of Appeal considered whether the appellant was entitled to article 6(1) procedural protection and, therefore, had a right to be told the gist of the case against him in justification of the bail conditions that were imposed by SIAC: they concluded that the detention of an individual pending his or her deportation does not involve a determination of civil rights within the meaning of article 6 of the Convention and nor did the underlying decision to deport. In determining the procedural protections that are required in the context of setting bail conditions that interfered with private and family life, it was necessary to consider (i) the extent of the interference with the article 8 right and (ii) the nature of the national security interests at stake, and what is required where bail conditions involve only a modest interference with an individual's article 8 rights may differ from what is required where the interference is substantial. To read the full judgment click here.

Al- Sirri v Secretary of State for the Home Department [2012] UKSC 54 (21 November 2012)
The Supreme Court ruled that Article 1F(c) should be interpreted restrictively and applied with caution - there should be a high threshold "defined in terms of the gravity of the act in question, the manner in which the act is organised, its international impact and long-term objectives, and the implications for international peace and security". Direct military action against forces carrying out that mandate is contrary to the purposes and principles of the United Nations and attracts the exemption provided by article 1F(c) of the Convention. The requirement that there be "serious reasons for considering" a person to have committed excludable actions is stronger than that there be "reasonable grounds": it would be difficult to say that there were serious reasons for so considering where the test was not satisfied anyway on balance of probabilities. To read the full judgment click here.

Awuku, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3298 (Admin) (16 November 2012)
The Divisional Court raged against non-disclosure in judicial review proceedings will in future, unless there are strong mitigating circumstances, refer people to the Solicitors Regulation Authority for breach of the high duties of disclosure to the Court. To read the full judgment click here.

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.

HJT Training - Judicial review conference
Thursday 6 December 2012

HJT Training host their annual judicial review conference, chaired by Stephen Knafler QC, addressing all developments in immigration public law proceedings, both procedure and substance, during 2012. For more information click here.

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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