Immigration Law Bulletin - Issue 316 - 18 March 2013

Monday 18 March 2013

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Immigration Rules

HC 1039 was laid before Parliament on 14 March. It comes into force on 6 April 2013. These lengthy rule changes affect the PBS in various ways; and inter alia 'clarify the current General Visitor rules to guard against abuse by those whose repeat visits amount to de facto residence'; make minor changes and clarifications to the Immigration Rules relating to family and private life; introduce into the Rules requirements necessary for granting discretionary leave to unaccompanied asylum seeking children; and make provision in the Immigration Rules for a person to apply to be recognised as stateless and to be granted leave to remain in the UK in that capacity.
To read further summary click here. To see the new Rules, click here.

Immigration Law Cases

WGGS Ltd, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 177 (8 March 2013)
The Court of Appeal dismissed the appeal of the Claimant college against the Administrative Court's judgment upholding UKBA's decision to refuse the college's application for "highly trusted" status (HTS). The UKBA had lawfully refused HTS on two grounds: firstly, in the preceding 12 months 92 prospective students, who held CASs issued by the college, were refused entry clearance or leave to remain; this represented a refusal rate of 21.5% and this indicated that the college's selection procedure was insufficiently rigorous. Secondly, the college had failed to comply with reporting requirements in that it had not reported to UKBA that those 92 students had failed to enrol.
To read the full judgment click here.

Z, R (on the application of) v Secretary of State for the Home Department and Serco and G4S and Reliance Secure Task Management and Secretary of State for Justice [2013] EWHC 498 (Admin) (12 March 2013)
Foskett J rejected the Claimant's challenge as made essentially to the adequacy of the framework for control and restraint of those subject to removal from the UK when on board an aircraft. The primary argument advanced by the Claimant was that the current framework reflected within "The Use of Force Training Manual" breaches ECHR, Art 3 and also possibly Art 2; the Claimant also contended that the SSHD's decision only to publish parts of the Manual by virtue of the redaction of various parts is unlawful. The Judge did however note at § 102 that: "There is undoubtedly room for greater clarity in the way in which use of force techniques are used in the specific context of their use in the confined setting of an aircraft."
To read the full judgment click here.

JYZ, Re Judicial Review [2013] CSIH 16 (12 March 2013)
The Petitioner and her husband were Chinese nationals. She appears to have been an overstayer and he an illegal entrant. Their son was an Irish Republic national by birth in Northern Ireland in 2003. The SSHD refused the Petitioner an (EEA-UK) residence card in 2011 and the Lord Ordinary (in the Outer House) dismissed her petition. The Inner House refused to refer the case to the CJEU for a preliminary ruling, holding that the Zambrano judgment clearly does not extend to provide for a right of residence to a parent in a country which is not both the place of residence and the country of nationality of his or her dependent child. The family could move to the Republic of Ireland and the son would not thereby be deprived of his rights as a citizen of the EU.
To read the full judgment click here.

Immigration Law Training

EEA Nationals: A Guide to the Amended Regulations
ILPA, Thursday 21 March 2013, 14:00, Birmingham

The session is aimed at immigration practitioners. It would be helpful to have some knowledge of the EEA Regulations as they were before they were amended. For more information and to book places, click here.

Urgent injunctions: preparation and presentation
HJT, Thursday 21 March 2013, 16:00, London

Colin Yeo and Jawaid Luqmani present Urgent injunctions: preparation and presentation, addressing urgent applications, charter flights, and dealing with the Administrative Court Office and the Upper Tribunal. Click here for more information.

Implementing and Delivering Free Movement of EU Workers and Citizens in the UK
ILPA, EILN and Queen Mary University of London, Friday 19 April 2013, London

A full-day conference examining the implementation of free movement of workers in the UK, focusing in particular on the questions and problems which arise in practice with the implementation and enforcement of rights. Speakers include Adrian Berry. For full details and to book places, click here.

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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