Immigration Law Bulletin – Issue 307 – 14 January 2013

Monday 14 January 2013

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News

UNHCR noted that there had been improvements in the situation for asylum seekers in Hungary, which no longer returned asylum seekers to Serbia automatically, and regarding their detention, at least for those who claimed asylum on arrival. Click here for more information.

Cases

R (Bushara) v Secretary of State for the Home Department
The Court of Appeal granted permission to appeal against the decision in the Administrative Court of Mr Ockelton sitting as a Deputy High Court judge: whereas he indicated that there should be no stay on removals to Italy whilst the EM Eritrea litigation proceeded onto a permission application in the Supreme Court, the Court of Appeal found that this approach was arguably wrong, and in the meantime stays should be granted against removal to Italy. (unreported so far).

Samir (FtT Permission to appeal : time) Afghanistan [2013] UKUT 475 (IAC) (11 January 2013)
The UTIAC explain that in a case where, following Boktor and Wanis, a grant of permission has to be regarded as conditional upon a decision whether time should be extended, the latter decision is part of the original decision on the application. If the application was to the First-tier Tribunal, the decision as to time is therefore made by the First-tier Tribunal, and if the application is not admitted there is the possibility of renewal to the Upper Tribunal. For the full judgment, click here.

MS, Re Judicial Review [2013] ScotCS CSOH_1 (09 January 2013)
Lord Brodie in the Court of Session Outer House found that the immigration rules changes that have introduced Appendix FM and Rule 276ADE were the subject of a debate in the Houses of Commons and Lords and can thus be taken to have been unanimously approved by Parliament, and so represent a firm consensus as between the executive and the legislature as to the extent to which the executive's power to refuse non-citizens leave to enter or to remain requires to be tempered by the need to make proportionate decisions in individual cases. Whilst there was always a need to cater for exceptional cases, those who now might be expected "to succeed under article 8" will be a very small minority indeed. For the full judgment, click here.

Efe v Austria (Application no. 9134/06; 8 January 2013)
The Strasbourg Court found that where the "country of residence" of the applicant's children was the essential ground on which the applicant's claim for family allowance had been dismissed, this, this constituted an aspect of personal status for the purposes of discrimination in relation to the right to property. However the Court did not consider that the applicant, whose children over the age of majority lived outside Austria, was in a relevantly similar position to persons claiming family allowance for children living in Austria and it followed that there has been no discrimination, given that the social security system in Austria was therefore primarily designed to cater for the needs of the resident population and that it was therefore hard to draw any genuine comparison with the position of those who based their claim on persons resident. For the full judgment, click here.

Events

Immigration update - The changes
HJT Training
Wednesday 23 January 2013

HJT presents a course on changes in immigration law over the last six months, concentrating on changes in the immigration rules, both under the Points Based System and under the Family Migration route. Click here for more information.

2012: Review of the Year
HJT Training
Wednesday 30 January 2013

The three HJT Directors Mark Symes, David Jones and Colin Yeo present a course updating delegates on developments throughout 2012 in immigration law, addressing human rights, European Union and changes in the Rules generally. Click here for more information.

Tier 1 investors and entrepreneurs
ILPA
Tuesday 29 January 2013

ILPA presents a training session on Tier 1 investors and entrepreneurs. Click here for more information.

Advanced Human Rights law for immigration and asylum practitioners
Wednesday 13 February 2013
CPD Hrs: 6 (10am to 5pm)

This is an advanced course which has been updated following the recent Rule changes under (HC 194) - these seek to limit the application of Article 8 ECHR in deportation and other immigration cases. It requires legal knowledge and experience of the domestic immigration legal framework. 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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