A new UKBA policy on trafficking emerged following successful judicial review proceedings, finding that where the UK Competent Authority has conclusively identified the applicant as a victim of trafficking and the personal circumstances of the case are so compelling that a grant of leave is considered appropriate, or where the individual is cooperating with the police in an ongoing police investigation into their trafficking case and their presence is required in the UK by the police for this purpose, Discretionary Leave should be granted. The period of leave will depend on the individual facts of the case but must not be less than 12 months and 1 day and no more than 30 months (2.5 years). The minimum period of leave ensures that a victim of trafficking who is refused asylum but granted Discretionary Leave has a right of appeal against the rejection of their asylum claim by virtue of Section 83(1)(b) of the Nationality, Immigration and Asylum Act 2002. Click here for more information (this link requires a log in to the ILPA website).
Immigration Law Cases
Zhang, R (on the application of) v Secretary of State for the Home Department  EWHC 891 (Admin) (18 April 2013)
Turner J in the Administrative Court found that the requirement in Immigration Rule 319C(h)(i), which limited those people who could apply for the category to those extending leave to remain with previous leave as a PBS dependent, and required other potential beneficiaries to return abroad and apply for entry clearance, was inconsistent with Chikwamba. It could be predicted that no amount of argument could persuade the Secretary of State to the contrary. Save in particular cases (such as those involving a poor immigration record or where the engagement of Article 8 is very tenuous it will be rare indeed that the immigration priorities of the state are such as to give rise to a proportionate answer to Article 8 rights to family life where requirement (h)(i) is engaged. The alternative route of making an application outside the Immigration Rules was not something which should bar judicial review proceedings where there was no likelihood that such an application would be granted or where the claimant genuinely and reasonably believed that the wording of the Rules themselves precluded such a course. Click here for the full judgment.
Abdollahi, R (on the application of) v Secretary of State for the Home Department  EWCA Civ 366 (17 April 2013)
Moses LJ for the Court of Appeal stressed that the best interests of children of a family were a primary consideration in detention cases as elsewhere in immigration, and had an importance whose significance was underlined given that none of the other considerations, such as the factors making up the Hardial Singh criteria, were described as primary ones. It was important that the effect on children of an extended detention was specifically drawn to the attention of the Office of the Children's Champion. Click here for the full judgment.
PS (AP), Re Judicial Review  ScotCS CSOH_59 (16 April 2013)
Lord Bannatyne sitting in the Court of Session (Outer House) found that the rationale for Lord Bingham's comments in Huang as to the failure of the Immigration Rules to represent a democratic consensus remained applicable to the Immigration Rules addressing private and family life after July 2012. It was wrong to say that human rights claims could only succeed post-July 2012 where exceptional circumstances were established, albeit that only a small minority of cases might be expected to succeed after these changes. Click here for the full judgment.
Hussein and Others v the Netherlands and Italy (App no. 27725/10)
The Strasbourg Court found that a complaint by a female asylum seeker that her return to Italy under the Dublin Regulation was manifestly ill-founded. She had been granted international protection although her residence permit had expired. While the general situation and living conditions in Italy of asylum seekers, accepted refugees and aliens who have been granted a residence permit for international protection or humanitarian purposes may disclose some shortcomings, it had not been shown to disclose a systemic failure to provide support or facilities catering for asylum seekers as members of a particularly vulnerable group of people.
Azimov v Russia - 67474/11 - Chamber Judgment  ECHR 342 (18 April 2013)
Removal to Tajikistan of a person who had been charged, inter alia, with terrorism and gangsterism in a religious context, was in breach of Russia's obligation to protect him against ill-treatment: so found the European Court of Human Rights, First Section. Click here for the full judgment.
Immigration Law Training
HTJ Training : The Secret of Success at the First-tier Tribunal
Wednesday 1 May 2013
David Jones of Garden Court Chambers and HJT Training presents a course dealing with all aspects of advocacy in immigration first instance cases. Click here for more information.
HTJ Training: Unlawful Detention
Thursday 2 May 2013
HTJ will be running a course on all aspects of running unlawful detention cases. Click here for more information.
JCWI Training: Tier 2 and the New April 2013 Changes - what you need to know
Wednesday 15 May 2013
Rimmy Bedi of Magrath LLP and Navtej Singh Ahluwalia of Garden Court Chambers provide training on the effect of the recent developments on the Tier 2 requirements from April 2013.
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.
Immigration Practice and Procedure in Family Proceedings
This practical new work by Nadine Finch, Omar Shibli, Anthony Vaughan concentrates on the immigration procedures, law and rules relevant to family proceedings. Price: £60.00. For full details click here.
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.