Immigration Law Bulletin - Issue 322 - 30 April 2013

Tuesday 30 April 2013

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Immigration News

26 April 2013 The Home Office announced that they are removing the full right of appeal for applicants refused leave to enter the UK as a family visitor. The change is expected to come into force on or soon after 25 June. The new appeal arrangements will apply to anybody who applies to enter the UK to visit a family member on or after the implementation date. Applicants who are refused after this date will be expected to re-apply addressing the reasons for refusal instead of appealing. The UKBA indicate this will be quicker and cheaper than an appeals process. Click here for more information.

24 April 2013 The government signed a mutual assistance treaty with Jordan to ensure that radical cleric Abu Qatada can be deported. The move came after the Home Secretary failed to get the case referred to the Supreme Court to reverse a ruling that the radical cleric could face an unfair trial if sent to Jordan to face terror charges. Click here for more information.

23 April 2013 The Ministry of Justice published the government response in relation to reform of Judicial Review and funding. The government confirms that they intend to remove the right to a reconsideration at a hearing of the application for permission to bring Judicial Review (an oral renewal) in any case where the application is certified as totally without merit by the Judge considering the application on the papers. Click here for more information.

Immigration Law Cases

R (on the application of (1) MV (2) JA (3) AV v Secretary of State for the Home Department (2013) EWHC 1017 (Admin)
24 April 2013

In a case where the designation of Bolivia as a safe country was challenged by the Claimants, Mr Justice Bean accepted the Home Office submission that the only effect of designation is to alter the starting point for the Secretary of State's officials in approaching the issue of whether to certify a claim as clearly unfounded (para 26 of Judgment). However, on appeal a Tribunal was not bound by that designation and could reach its own decision based on evidence. The claimants were entitled to adduce evidence of the risk to them before a Tribunal following a successful challenge of the certification. The Judge concluded that despite credibility concerns about the timing of the asylum claims and the remote nature of risk given that the claimants had lived in UK for a number of years he could not conclude that the claims were bound to fail or that a reasonable and conscientious decision maker acting on behalf of the Secretary of State could properly certify them as clearly unfounded. The claimants succeeded in establishing their right to an in country right of appeal. Click here for the full judgment.

Azimi-Moayed and others (decisions affecting children; onward appeals) [2013] UKUT 197 (IAC)
26 April 2013

The Upper Tribunal chaired by the President dismissed a case involving two children (aged 14 and 4) who at the time of the appeal had been resident with their parents in the UK pending the determination of the asylum claim for two months. The Upper Tribunal took the opportunity to issue guidance about immigration decisions affecting children. The UT emphasised the duties of Judges with respect to the best interests of children. In particular while the UT recognised that judges of either Immigration and Asylum Chamber must be alert to statutory duties to consider the best interests of a child (which are a primary consideration which may involve whether further information should be obtained or inquiry made), a judge primarily acts on the evidence in the case. The UT emphasised that where the evidence gives no hint of a suggestion that the welfare of a child is threatened by the immigration decision in question or that the best interests of the child are undermined by such action there is simply no reason for any further judicial exploration. 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.

AVID: 4000 and rising: the expansion of immigration detention in the UK
Wednesday 22 May

The Association of Visitors to Immigration Detainees are holding their AGM, which includes a themed discussion on increased use of immigration detention. 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.

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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