Immigration Law Bulletin - Issue 314 – 4 March 2013

Monday 4 March 2013

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News

Garden Court Chambers' Stephanie Harrison has been appointed Queen's Council. Click here for more information.

The Garden Court Immigration Team blog on 'Fairness in the Points Based System: Post Decision Evidence, "Continuing Applications" and Evidential Flexibility'. Click here for more information.

The UKBA has renewed the temporary concession for Syrians until February 2014. Click here for more information.

Cases

Aladeselu & Ors v Secretary of State for the Home Department [2013] EWCA Civ 144
1st March 2013

It is not a requirement for qualification as an extended family member under Reg. 8 of the Immigration (EEA) Regulations 2006 that the sponsoring EEA national, arrived in the host member state at the same time or before the extended family member. Click here for the full judgment.

Ahmed (Amos; Zambrano; reg 15A(3) (c) 2006 EEA Regs) Pakistan (Rev 1) [2013] UKUT 89 (IAC)
28th February 2013

Following Amos v Secretary of State for the Home Department [2011] EWCA Civ 552, the spouse of an EEA national does not acquire a retained right of residence upon divorce unless the EEA national was in the UK exercising Treaty rights, at the date of the lawful termination of the marriage. However, an applicant who does not meet the requirements of the new Reg. 15A(3)(c) of the Immigration (European Economic Area) Regulations 2006, may still qualify for a derived right of residence under Article 12 of Regulation 1612/68. Click here for the full judgment.

Ahmed (benefits: proof of receipt; evidence) Bangladesh [2013] UKUT 84 (IAC)
26th February 2013

In new guidance on the correct approach when assessing the adequacy of maintenance; it was held that would assist the Tribunal if a calculation is supplied which reflects the comparison between the applicant's and sponsor's combined projected income if the applicant for entry clearance were in the UK and the amount needed to meet adequate maintenance test. That income received and the projection for the figures which the applicant and sponsor have to be able to find, should be expressed on a consistent and arithmetically accurate basis and that it was important to have regard to the benefit rates applicable at the relevant time. The Tribunal also considered that evidence of receipt of income by way of social security is best proved by receipt of funds into a person's bank account. Click here for the full judgment.

Bee & Anor (permanent/derived rights of residence) Malaysia [2013] UKUT 83 (IAC)
26th February 2013

A non-EU citizen, who is residing in the United Kingdom by reason of a derived right of residence (eg as the primary carer of an EU citizen child), cannot as a result acquire a permanent right of residence in this country. Click here for the full judgment.

Mundeba (s.55 and para 297(i) (f)) Democratic Republic of Congo [2013] UKUT 88 (IAC)
26th February 2013

Where an immigration decision engages the Article 8 rights of a child, due regard must be had to the UN Convention on the Rights of the Child and an entry clearance decision for the admission of a child under 18 is "an action concerning children...undertaken by...administrative authorities" and so by Article 3 "the best interests of the child shall be a primary consideration". Although the statutory duty under s.55 UK Borders Act 2009 only applies to children within the UK, the broader duty doubtless explains why the Secretary of State's IDI invites Entry Clearance Officers to consider the statutory guidance issued under s.55. Click here for the full judgment.

RS (immigration/family court liaison: outcome) India [2013] UKUT 82 (IAC)
26th February 2013

Following on from RS (immigration and family court proceedings) India [2012] UKUT 218 (IAC), the Tribunal concluded that the appellant's Article 8 case against deportation fell to be determined in the light of the judgment of the family court regarding the best interests of the appellant's child. It followed that the Tribunal could be satisfied, when considering the best interests of the child as a primary consideration in the deportation proceedings, that the appellant's deportation did not interfere with her best interests. Click here for the full judgment.

Shizad (sufficiency of reasons: set aside) Afghanistan [2013] UKUT 85 (IAC)
26th February 2013

The Tribunal concluded that a decision that although a decision may contain an error of law where the requirements to give adequate reasons are not met, this Tribunal would not normally set aside a decision of the First-tier Tribunal where there has been no misdirection of law, the fact-finding process cannot be criticised and the relevant Country Guidance is taken into account, unless the conclusions that the judge draws from the primary data before him were not reasonably open to him. Click here for the full judgment.

Courses and Training

Understanding and surviving The New Legal Aid regime
ILPA, Monday 4th March 2012 in London

The aim of the course is to consider ways in which suppliers will be able to make the new legal aid schemes work as well as possible both for their clients and for their own incomes. Click here for more information.

Urgent injunctions: preparation and presentation
HJT, Tuesday 5th March 2012 in London

Tutors: Colin Yeo (Renaissance Chambers), David Jones (Garden Court Chambers) & Jawaid Luqmani (Luqmani Thompson Solicitors). This course aims to equip practitioners, both solicitors and barristers, with the knowledge and skills they need to secure just outcomes for their clients and to minimise the chances of judicial criticism. 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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