Immigration Law Bulletin – Issue 306 – 7 January 2013

Monday 7 January 2013

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The European Court of Human Rights have launched a new series of studies on its case-law relating to particular Articles of the Convention. The first covers Article 5. Click here for more information.


Essa, R (On the Application Of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor [2012] EWCA Civ 1718, 21 December 2012
The Court of Appeal overturned a decision of the High Court, refusing an application to judicially review the failure of the Upper and First Tier Tribunals to grant permission to appeal, a determination of the First Tier Tribunal that erroneously conflated the proportionality consideration required under Art 8 ECHR with that required under Regulation 21 of the Immigration (EEA) Regulations 2006. The considerations under Art 8 were clearly distinct and should be considered separately from the considerations under Regulation 21. For the full judgment, click here.

DH (Jamaica) v Secretary of State for the Home Department [2012] EWCA Civ 1736, 21 December 2012
The Court of Appeal found that the 'Zambrano' (as per Ruiz Zambrano v Office National de l'Emploi (C-34/09)) principle did not apply, where the deportation of a non EU national spouse or partner would impact on their EU national partner or spouse, but would not lead to that EU national partner or spouse having to leave the UK. The Court concluded that the right to reside in a member state for an EU national protected under EU treaties, did not include a right to a particular standard of living or quality of life. For the full judgment, click here.

Miah v Secretary of State for the Home Department [2012] EWCA Civ 1719, 20 December 2012
In dismissing the appeal, the Court of Appeal found that there was a clear distinction between the operation of the previous work permit scheme, where the issuing of the permit rested with the Department of Employment and the current provisions under the points based system. Therefore in distinguishing Alvi, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 33, it was found that the previous regime for issuing work permits was not invalidated by Parliament's previous failure to consider the necessary requirements needed for issuing a work permit. For the full judgment, click here.

KB (Failed asylum seekers and forced returnees) Syria CG [2012] UKUT 426 (IAC), 21 December 2012
In new country guidance for Syria in response to the ongoing conflict, the Tribunal concluded that with the extremely high level of human rights abuses currently occurring in Syria and a regime which is concerned with crushing any sign of resistance, it is likely that a failed asylum seeker would on arrival face a real risk of arrest and detention and serious mistreatment during that detention as a result of imputed political opinion. However the position may be different for a person who would be perceived on return to Syria as a supporter of the Assad regime. For the full judgment, click here.

F.N. and others v. Sweden - 28774/09 - HEJUD [2012] ECHR 2089, 18 December 2012
In examining whether a person who is likely to be detained and interrogated upon return to Uzbekistan, the ECtHR found that the practice of torture of those in police custody was systematic and indiscriminate and concluded that ill-treatment of detainees remained a pervasive and enduring problem and that torture and other cruel, inhuman and degrading treatment by law enforcement and investigative officials remain widespread and endemic. For the full judgment, click here.


HJT Training
Tuesday 8 January 2013
HJT present their comprehensive 2 and 4 day courses to provide the interested participant with the knowledge and skills foundation to achieve accreditation at OISC level 2 and 3, or LSC level 1 and 2. Click here for more information.

2012: Review of the Year!
Thursday 31 January
HJT will present their review of developments in 2012 in Birmingham. Click here for more information.

Tier 1 investors and entrepreneurs
Tuesday 29 January
ILPA presents a training session on Tier 1 investors and entrepreneurs. 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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