Immigration Law Bulletin - Issue 304 - 10 December 2012

Monday 10 December 2012

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Cases

Omar, R (on the application of) v Secretary of State for the Home Department (Rev 1) [2012] EWHC 3448 (Admin)
30th November 2012
The Secretary of State was wrong to have invalidated an application for discretionary leave to remain, due to the non payment of a fee, made by an applicant who was in receipt of support from the National Asylum Support Service. Click here to read the full judgment.

Hamid, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin)
30th October 2012

The President of the QBD expressed his considerable displeasure at what he considered to be unmeritorious late applications for judicial review to frustrate deportation and removal. He stated that in future representatives who did not comply with the requirements set out by Buxton LJ in R (Madan) v Secretary of State for the Home Department [2007] 1 WLR 2891, will be summoned, in the company of a senior partner, to explain their actions and face being reported to the Solicitors Regulation Authority. Click here to read the full judgment.

LM (returnees - expired exit permit) Uzbekistan CG [2012] UKUT 00390(IAC)
27th November 2012

The Tribunal reaffirmed the existing country guidance for Uzbekistan set out in OM (Returning citizens, minorities, religion) Uzbekistan CG [2007] UKAIT 00045. The Uzbekistan Criminal Code makes it an offence for a citizen to leave the country without permission. In specified aggravating circumstances the penalty for "illegal exit abroad" is five to ten years' imprisonment. The ill-treatment of detainees continues to be a pervasive and enduring problem in Uzbekistan, for which there is no concrete evidence of any fundamental improvement in recent years (Ergashev v Russia [2009] ECtHR 12106/09 ECHR 2249). Therefore, where an Uzbek citizen is likely to be detained on return, Article 3 ECHR will be engaged. Click here to read the full judgment.

O & S v Maahanmuuttovirasto v L [2012] EUECJ C-356/11
6th December 2012

A Member State is not precluded from refusing to grant a third country national a residence permit on the basis of family reunification, where they seek to reside with their spouse, who is also a third country national, who resides lawfully in a Member State on the basis of being a mother of a child who is a Union citizen. Provided that such a refusal does not mean that the Union citizen concerned is denied the genuine enjoyment of rights conferred by Union citizenship. Article 7(1)(c) of Council Directive 2003/86/EC ('the family reunion Directive') may be interpreted so that a Member State can require proof that the sponsor has stable and regular resources which are sufficient to maintain himself and the members of his family. Click here to read the full judgment.

Immigration Law Training

DT 1428 Article 8 update
Wednesday 23 Jan 2013, 16.00, London
3 CPD Hours
Tutors: David Chirico, 1 Pump Court and Sonali Naik, Garden Court Chambers

Article 8 of the European Convention on Human Rights, the right to private and family life, is relevant to diverse areas of immigration law and practice. Pleading it involves dealing with a considerable body of caselaw, from both the UK Courts and the European Court of Human Rights and now also contending with the amendments to the immigration rules made by Statement of Changes HC 194 inserting new Appendix FM. David Chirico and Sonali Naik return with this popular course that will ensure that you are fully up to date with all the latest caselaw, rules and developments and equipped to identify and deal with Article 8 points arising in your practice. 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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