Immigration Law Bulletin - Issue 317 - 25 March 2013

Monday 25 March 2013

Share This Page

Email This Page

Legislative Changes

Immigration and Nationality (Cost Recovery Fees) Regulations 2013 SI 2013 No. 617, due to come into force on 6 April 2013, changes, for the forthcoming financial year, the fees to be paid for immigration and nationality applications.

Immigration Law Cases

Negassi & Anor, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ. 151
7 March 2013

The past failure of the Secretary of State to apply the provisions of Article 11 of the Reception Directive (2009/09/EC) to fresh claims for asylum (ZO (Somalia) & Ors, R (on the application of) v Secretary of State for the Home Department [2010] UKSC 36), did not automatically entitle the appellants to damages. Additionally, the appellants had argued that Article 11(1) of the Reception Directive required the Secretary of State to prescribe a specific period of time, at the end of which any applicant for asylum whose claim has not been finally determined, would be entitled to access the labour market and alternatively, that a restriction on their permission to work, was a disproportionate interference into their rights under Art. 8 ECHR. The Court of Appeal found that Article 11(1) did not require the Secretary of State to create a clear time frame for granting permission to work and that the interference was not sufficient to engage rights under Art. 8. To read the full judgment click here.

Nouazli, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 567 (Admin)
15 March 2013

The application concerned the powers of the Secretary of State to detain a family member of an EU citizen, pending deportation. The claimant argued that the Secretary of State's powers to detain under Reg. 24 of the Immigration (European Economic Area) Regulations 2006 were incompatible with EU law. Eder J. held that Reg. 24 was not incompatible with Article 27 of the Citizenship Directive (2004/38/EC) but rather that there is an explicit power within Article 27, which allowed the Secretary of state to restrictive freedom of movement. He also found that Reg. 24 did not conflict with the more general rights to free movement set out in Articles 20 and 21 of the Treaty on the Functioning of the European Union. To read the full judgment click here.

Z, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 498 (Admin)
13 March 2013

The claim was a public law challenge as to whether the framework for control and restraint (set out in 'The Use of Force Training Manual') of those subject to removal from the UK was compatible with the Secretary of State's obligations under Articles 2 and 3 of the European Convention on Human Rights. Foskett J. found that the framework was compliant with the European Convention but the current guidance lacked clarity concerning when and how force should be used. To read the full judgment click here.

Singh, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 380 (Admin)
28 February 2013

The claimant, who had arrived illegally in the UK in 2007 and who had had a history of drug related offending, culminating in a sentence of 15 months for robbery in 2010, was served by the Secretary of State with a deportation order on 11 April 2011. The Secretary of State had, since May 2011, been attempting unsuccessfully to obtain an emergency travel document for the claimant. Robin Purchas QC, sitting as a deputy judge of the High Court, found that his continuing detention was not unlawful. The Secretary of State had always been actively involved with the process of verifying the claimant's Indian nationality, which was a process that was likely to be lengthy. There remained a reasonable prospect of removing the claimant within the foreseeable future. To read the full judgment click here.

Immigration Law Training

Challenging decisions of the First Tier Tribunal (IAC): Procedure and practice
JCWI, 16 April 2012, London

The purpose of this course is to provide a practical guide to challenging appeal decisions of the First Tier Tribunal (Immigration and Asylum Chamber) by applications for permission to appeal. The course will look at the legal and procedural framework for applications made to the First Tier Tribunal (IAC) and the Upper Tier (IAC) including time limits and how to complete the notice of appeal forms and practical tips. For full details and to book places, click here.

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.

 

Latest tweets from Garden Court Chambers

Follow us on Twitter

Tweets by gardencourtlaw

We are top ranked by independent legal directories and consistently win awards

+ View more awards