Immigration Law Bulletin - Issue 312 – 18 February 2013

Monday 18 February 2013

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News

A new report from the Refugee Council on the restrictions faced by refugees and asylum seekers in accessing further and higher education. Click here for more information.

Cases

KS (Burma) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 67
13th February 2013

The Court of Appeal found that contrary to TL and Others (sur place activities - risk) Burma CG [2009] UKAIT 00017, the objective evidence did not support the contention that the Burmese authorities would distinguish between genuine opponents of the regime, taking part in demonstrations outside their embassy in London and 'hangers on', who were taking part in these demonstrations merely to support an otherwise unmeritorious asylum claim. Click here for the full judgment.

Ogundimu (Article 8 - new rules) Nigeria [2013] UKUT 60 (IAC)
8th February 2013

The Upper Tribunal continued its dissection of the new Immigration Rules (HC 194). It concluded that the new rules did not reflect the principle that "for a settled migrant who has lawfully spent all or the major part of his or her childhood and youth in country very serious reasons are required to justify expulsion", as per Maslov v Austria [2008] ECHR 546. Moreover, Paragraph 399(a) of the Immigration Rules conflicted with the Secretary of State's obligations under Article 3 of the UN Convention on the Rights of the Child 1989 and S.55 of the Borders, Citizenship and Immigration Act 2009. The meaning of the word 'ties' in paragraph 399A, meant something more than merely remote or abstract links to the country of proposed deportation or removal, it required a real connection to life in that country. Click here for the full judgment.

Mushtaq (s 85A(3) (a): scope; academic progress) Pakistan [2013] UKUT 61 (IAC)
8th February 2013

The exception under S.85A(3)(a) of the Nationality, Immigration and Asylum Act 2002 still applied, where an appeal had been brought against both a decision to refuse to vary leave under S.82(2)(d) and against a removal decision under S.47 of the Immigration, Asylum and Nationality Act 2006. The exception applied as long as an appeal had been brought under either S.82(2)(a) or (d), even if other rights of appeal under S.82 were also engaged. Click here for the full judgment.

SL (Unmarried mother with mixed race child) Azerbaijan CG [2013] UKUT 46
15th February 2013

New country guidance found that Azerbaijan is a country with high levels of corruption where political dissent is not tolerated. However, there is nothing to indicate that the State would in any way penalise unmarried mothers or those who have mixed race children. Although the concept of family honour among more traditional families in Azerbaijan exists there is nothing to indicate that there is a real risk of honour killings or other ill-treatment of those who are considered by members of their families to have brought dishonour on the family. There is nothing to indicate that a single parent without parental support or her child would face treatment which would either amount to persecution or cross the threshold of Article 3 ill treatment. Click here for the full judgment.

Events

Home Office policy, concessions & the exercise of discretion outside the rules.
ILPA, Monday 18 February 2013 in London

Tutor: Alison Stanley, Bindmans LLP, Colin Yeo, Renaissance Chambers, Meghan Vozila, Sturtivant & Co. ILPA's unique training on Home Office UKBA policies and concessions outside the immigration rules in immigration and nationality (not asylum) cases - where to find them, what they cover, pitfalls and how to use them in your clients' cases, run in conjunction with HJT training.
Click here for more information.

Introduction to EU Free Movement law
ILPA, Thursday 21 February 2013 in London

Tutors: Jonathan Kingham, Solicitor, LexisNexis, Navtej Singh Ahluwalia, Barrister, Garden Court Chambers. ILPA's popular and very practical session designed to ensure that participants are fully conversant with a broad range of European free movement law, the European legislation, the UK implementing regulations and the European case-law as well as decisions of the UK courts. 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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