Immigration Law Bulletin - Issue 303 - 3 December 2012

Monday 3 December 2012

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Immigration Law News

Leveson LJ's report finds sensational or unbalanced reporting in relation to immigrants and asylum seekers is concerning. To read further, click here.

The ONS records that net migration into the UK is falling. To read further, click here.

For the Garden Court Immigration Blog inter alia on the case of Said (see Immigration Legal Bulletin Issue 301) and Article 1D of the Refugee Convention, click here.

Immigration Law Cases

C.N. v the United Kingdom (Application No. 4239/08) (13 November 2012)
In the case of a Ugandan national refused asylum in the UK, the Strasbourg Court found that the legislative provisions in force in the UK at the relevant time (2006) had been inadequate to afford practical and effective protection against treatment contrary to Article 4. Due to this absence of specific legislation criminalising domestic servitude, the investigation into the applicant's allegations of domestic servitude in the UK had been ineffective. To read the full judgment click here. And see the Garden Court Immigration Blog for commenrary and analysis.

MS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ 1548 (28 November 2012)
While holding that the UT had been correct to have set aside the FTT's determination allowing the appeal, on the ground that the FTTJ had failed to engage with the SSHD's refusal reasons, the CA granted permission on the second appeals test and allowed and remitted the appeal to the UT because the UTJ's determination was also fundamentally flawed because it misstated / failed to address the appellant's, unchallenged by way of cross-examination, evidence to the effect that he had only been able to leave Sri Lanka through the airport using his own passport because his agent had corrupted officials. Per Maurice Kay LJ at [17]: "The fact that he had succeeded in the FTT, coupled with the severe consequences for the appellant if he were to be stuck with a flawed decision, persuade me that he satisfies the second appeals test as explained in JD (Congo)..." To read the full judgment click here.

IY (Turkey) v Secretary of State for the Home Department [2012] EWCA Civ 1560 (28 November 2012)
The CA held that the FTT Judge had been entitled to reject a medical report produced by the Helen Bamber Foundation when holding against the appellant's credibility and that the UT had correctly refused to admit a new supplementary report from the Foundation when holding that the FTT had not erred in law. To read the full judgment click here.

OA (Nigeria), R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3128 (Admin) (7 November 2012)
In rejecting the claimant's challenge to the SSHD's certification of his Art 8 claim as clearly unfounded, Silber J nevertheless considered that there is a sharp contrast between the tests to be applied in Hague Convention cases as compared with cases where 2009 Act, s.55 applies and that there are cases in which the SSHD's duty under s.55 requires her to carry out a detailed investigations to ascertain relevant facts. For example the SSHD might be required to obtain or even procure evidence either from a sick child's doctor or from an independent doctor which would enable her to make an informed decision which would satisfy the obligation imposed on her to reach a decision which satisfies "the need to safeguard and promote the welfare of children who are in the United Kingdom" set out in section 55 of the 2009 Act. To read the full judgment click here.

HS & Others, R (on the application of) v The Upper Tribunal (Immigration and Asylum Chamber) [2012] EWHC 3126 (Admin) (28 November 2012)
On a substantive judicial review of the UTIAC's refusal of permission to appeal, Charles J considered that once permission has been granted in such a 'Cart judicial review' the second appeals test falls away and standard judicial review principles apply. Accordingly: (a) at the permission stage, the Court is to decide whether the second-tier appeals criteria are satisfied and not whether it is arguable that they will be satisfied at the substantive hearing; and so (b) if permission is granted on that basis (as with a second-tier appeal) the permission test is spent and is no longer the test to be applied at the substantive hearing.
To read the full judgment click here.

Yarce (adequate maintenance: benefits) [2012] UKUT 00425 (IAC) (30 November 2012)
Consideration by the UTIAC on adequacy of maintenance (pre-July 2012 Rule changes) with reference inter alia to income support "disregards", voluntary third party payments, capital holdings and "Quistclose" trusts.
To read the full determination click here.

Immigration Law Training

Judicial Review Conference 2012
HJT Training
Thursday 6 December 10.00 to 17.15, Landmark Chambers, London

The conference will be chaired by Stephen Knafler QC of Garden Court Chambers and gives you the chance to keep up to date and hear from leading practitioners on the implications of the latest developments in judicial review in the immigration field. Click here for more information.

Asylum support: Current Issues and Judicial Review challenges
Immigration Law Practitioners' Association (ILPA)
Monday 10 December 2012, 16:00, London

Tutors: Adrian Berry, Garden Court Chambers and Sasha Rozansky, Pierce Glynn Solicitors.
It is important for practitioners advising asylum seekers to be up to date with their clients' entitlement to housing and support from the UKBA so that they can spot potential judicial review challenges and ensure that their clients avoid destitution and/or are provided with suitable accommodation. This course will enable them to do so. 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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