Immigration Law Bulletin - Issue 309 – 28 January 2013

Monday 28 January 2013

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News

The Garden Court Immigration Team blog on the impact of the new Immigration Rule 276ADE.

The Upper Tribunal (IAC) have a published a list of forthcoming country guidance cases. Click here for more information.

On Thursday last week the Chief Inspector of Borders and Immigration published reports into applications to enter, remain and settle in the UK on the basis of marriage and civil partnerships and the handling of custom and immigration offences at ports.

Cases

Gurung & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWCA Civ 8
21st January 2012

The secretary of state's discretionary policy on dependent adult children of Gurkhas was not unlawful on grounds of uncertainty. However, the fact that the policy only allows adult dependant children to settle in the UK in "exceptional circumstances", leads to the conclusion that the historic injustice suffered by families of Gurkhas isn't reflected at all in the policy. Nevertheless the requirement to take the injustice into account in striking a fair balance between article 8 rights and the public interest in maintaining immigration policy is inherent in the proportionality assessment and it is ultimately for the court to strike that balance. To read the full judgment click here.

MS (Afghanistan) v Secretary of State for the Home Department [2013] EWCA Civ 7
22nd January 2013

The Court of Appeal failed to uphold a perversity challenge to a determination of the Upper Tribunal (IAC) dismissing the appeal of an Afghan intelligence officer who had provided a newspaper article that stated that his brother had been previously killed by the Taliban and expert evidence that concluded that he was still at risk, even in Kabul. The Upper Tribunal's conclusions that the evidence of risk was historical and that the appellant was not sufficiently high profile to be of continuing interest to the Taliban were open to it and did not reach the high perversity threshold. To read the full judgment click here.

KA, R (on the application of) v Essex County Council [2013] EWHC 43 (Admin)
18th January 2012

In the particular circumstances of the case, Mr Robin Purchas QC sitting as a deputy High Court Judge, found that the Defendant local authority had unlawfully refused to provide accommodation and support for the Claimant and her family pursuant to the Children Act 1989. The Claimant and her family had had an application for leave to remain refused by the Secretary of State, without a right of appeal but were in the process of making a further application under the changed 9th July 2012 Immigration Rules that was neither abusive nor bound to fail. To read the full judgment click here.

Olaitan Ajoke Alarape, v Secretary of State for the Home Department [2013] EUECJ C-529/11
15th January 2013

The Advocates General's opinion on a referral from the Upper Tribunal (IAC), concluded that time as primary carer of a EU citizen child exercising treaty rights pursuant to Article 12 of Regulation (EEC) No 1612/68, who was not able to also qualify under Article 7(1) of Directive 2004/38/EC, did not count as qualifying time for a right of permanent residence under the same directive. To read the full judgment click here.

Courses and Training

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.

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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