Immigration Law Bulletin - Issue 324 - 13 May 2013

Monday 13 May 2013

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The Crime and Courts Act 2013 (Commencement No. 1 and Transitional and Saving Provision) Order 2013
The first commencement order made under the Crime and Courts Act 2013 makes amendments to the immigration appeals provisions in the Nationality, Immigration and Asylum Act 2002 and, in response to Secretary of State for the Home Department v Ahmadi [2013] EWCA Civ 512, amends S.47 of the Immigration, Asylum and Nationality Act 2006. The order also brings into force S.52 and 53, which removes a full right of appeal against refusal of entry clearance for family visitors and an in-country right of appeal against an application to vary leave under S.82(2)(e) of the same act, if the Secretary of State certifies the decision on the grounds that it is non-conducive to the public good. Also S.54, which enables the Secretary of State to certify that the removal of an appellant pending the outcome of the appellant's appeal in respect of a deportation order, would not breach the appellant's human rights. Click here for more information.

Cases

Secretary of State for the Home Department v Ahmadi [2013] EWCA Civ 512
9th May 2013

The Court of Appeal dismissed the Secretary of State's appeal against Ahmadi (s 47 decision: validity; Sapkota) [2012] UKUT 147 (IAC). The Secretary of State had argued inter alia that the Upper Tribunal erred in adopting an interpretation of S.47 of the Immigration, Asylum and Nationality Act 2006 which meant that Parliament had legislated in vain and that defeated the statutory purpose and intention of Parliament. The Court of Appeal agreed that as enacted, S 47 was of little practical use, but found that the remedy lay with Parliament, via S.51 of the Crime and Courts Act 2013 which substituted an amended version of S.47. Click here for the full judgment.


FH (Iran), R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1092 (Admin)
1st May 2013

The Claimant was an Iranian national, subject to a deportation order, who had been in immigration detention since July 2009. Frances Patterson QC found that he had been unlawfully detained from March 26th 2012. Up until that point, the claimant's risk of reoffending and serious criminal record, combined with the alternative strategies to try and obtain documentation by the Secretary of State, following the closure of the Iranian embassy in November 2011, made his detention lawful. However after this date, it was reasonable to conclude that if the Secretary State was going to be able to obtain a travel document they would have been able to do so and the claimant's greater cooperation with the Secretary of State meant that it was likely that he would comply with the conditions of his release. Click here for the full judgment.

SM & Anor v Secretary of State for the Home Department [2013] EWHC 1144 (Admin)
8th May 2013

The claimants challenged whether the Secretary of State for the Home Department's 2009 Discretionary Leave policy was compatible with her duties under S.55 of the Borders, Citizenship and Immigration Act 2009. In finding that the policy was unlawful, Mr Justice Holman found that the proscriptive nature of the policy effectively precluded case specific consideration of the welfare of the child concerned in making the discretionary decision whether to grant limited DL or ILR. Click here for the full judgment.

Kreshnik Ymeraga, v Ministre du Travail, de l'Emploi et de l'Immigration [2013] EUECJ C-87/12
8th May 2013

Article 20 of the TFEU does not preclude a Member State from refusing to allow a third-country national to reside in its territory, where that third-country national wishes to reside with a family member who is a European Union citizen residing in the Member State of which he holds the nationality and has never exercised his right of freedom of movement as a Union citizen, provided such refusal does not lead, for the Union citizen concerned, to the denial of the genuine enjoyment of the substance of the rights conferred by virtue of his status as a Union citizen. Click here for the full judgment.

Alarape & Anor v Secretary of State for the Home Department [2013] EUECJ C-529/11
8th May 2013

The parent of a child exercising a right to education on the basis of Article 12 of Regulation (EEC) No 1612/68, may continue to have a derived right of residence if that child after they turn 18, requires their presence in order to be able to continue and to complete his or her education. However, periods of residence by family members of a Union citizen who are not nationals of a Member State solely on the basis of Article 12 of Regulation No 1612/68, may not be taken into consideration for the purposes of acquisition by those family members of a right of permanent residence. Click here for the full judgment.

Immigration Law Training

Cessation, Cancellation and Revocation of Refugee Status in the UK
ILPA / UNHCR, Monday 13 May 2013, 5pm in London

Alan Deve of UNHCR will equip practitioners with an understanding of the various ways refugee status is taken away and to give practical tips on how to properly respond to letters from the UK Border Agency seeking to cease, cancel or revoke refugee status.
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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