Immigration Law Bulletin - Issue 308 – 21 January 2013

Monday 21 January 2013

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For UKBA's 'line' on Capita Business Services contacting "overstayers" in the UK, click here.

UNHCR are warning of a refugee crisis in Mali. To read further click here.

To read article calling for regulation of gangmasters exploiting Bulgarian and Romanian workers, click here.


West London Vocational Training College Limited, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 31 (Admin) (16 January 2013)
The claimant College had been refused Highly Trusted Sponsor status and its allocation of Confirmations of Acceptance for Studies (CAS) had been reduced to zero on the grounds that more than 20% of the entry clearance applications made in reliance on its CASs had been refused - this approach being in line with UKBA policy guidance. The claimant's challenge on the grounds that: (1) the policy guidance was invalid as per Alvi; (2) alternatively it had been misconstrued; (3) alternatively the requirement re the 20% refusal rate was irrational; and (4) alternatively the defendant fettered her discretion in applying the guidance, were all rejected by Toulson LJ sitting in the Admin Court with Simon J. The Judge noted re (1) that the Supreme Court had granted permission to appeal on the 'Alvi' point in the New London College case but held that until and unless the SC overruled the CA the latter's judgment was binding.
To read the full judgment click here.

Shaw & Another, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 42 (Admin) (18 January 2013)
The unsuccessful appellants in ZS (Jamaica) v SSHD [2012] EWCA Civ 1639 (see Immigration Legal Bulletin # 305) succeeded in their judicial review claim for damages (relating to a prior removal to Jamaica without a suspensive right of appeal) on the ground that in the particular circumstances of their case they had been denied their common law right of access to justice by being denied an opportunity to seek legal advice before they were removed. For that reason only the removal directions were unlawful (and thus not in accordance with law for Art 8(2) purposes as well) and they were unlawfully detained for 10 hours on the flight back to Jamaica. Each claimant (mother and son) were awarded £2,000 damages for this unlawful detention but their further claims for damages for breach of Art 8 and for aggravated or exemplary damages were refused.
To read the full judgment click here.


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.

Tier 1 investors and entrepreneurs
Tuesday 29 January 2013
ILPA presents a training session on Tier 1 investors and entrepreneurs. 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.

Nationality law is fun
ILPA, Wednesday 30 January 2013, 10am in London

Tutor: Alison Harvey, ILPA. The session is aimed at practitioners who want to develop their understanding of nationality law and who are interested in more than making applications for citizenship.
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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