Immigration Law Bulletin - Issue 325 - 20 May 2013

Monday 20 May 2013

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The UN Refugee Agency (UNHCR) has advised governments not to forcibly return people to the Central African Republic (CAR). The return advisory, issued on 25 April, stresses that given the current circumstances, many people fleeing CAR are likely to meet the 1951 Convention criteria for refugee status.

European law enforcement bodies and members of the judiciary must uphold the principle of non-punishment for victims of human trafficking who have committed crimes as a consequence of their trafficked situation, says a report by the Organisation for Security and Cooperation in Europe. Click here for more information.

It is understood that during judicial review proceedings on 15 May 2013 the LAA accepted that "third country" judicial review applications were fundable under the new LASPO Schedule covering immigration.


Ivlev, R (on the application of) v Entry Clearance Officer, New York [2013] EWHC 1162 (Admin) (09 May 2013)Sales J in the Administrative Court held that an ECO was entitled to refuse entry clearance on grounds of the public good where the Applicant was subject to an Interpol "Red Notice" where there were objective reasons to think that allowing him to come to the United Kingdom would give rise to avoidable strains upon our relations with the Russian authorities, and that the likely subsequent extradition or associated proceedings would be likely to give rise to a cost to the public purse in various ways. Click here for the full judgment.

Azaroal, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1248 (Admin) (17 May 2013)

The Administrative Court rejected the notion that there was any absolute time limit to be applied of 18 months or any other period under Article 5 ECHR for the purposes of considering the lawfulness of detention under the 1971 Act. Click here for the full judgment.

EO & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin) (17 May 2013)

Burnett J in the Administrative Court found that the word "torture" in the detention policy means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed, or intimidating or coercing him or a third person, or for any reason based upon discrimination of any kind. If an immigration detainee, in the absence of good reason, is not medically examined within 24 hours of his arrival at a detention centre, his detention thereafter will be unlawful. Click here for the full judgment.

NN (Teachers: Matabeleland/Bulawayo: risk) Zimbabwe CG [2013] UKUT 198 (IAC) (14 May 2013)

A teacher will generally not face a heightened risk on return to Zimbabwe, on account of his or her occupation or former occupation alone, if his or her destination of return is (a) rural Matabeleland North or Matabeleland South, where a returnee will in general not face a real risk of harm from Zanu-PF elements, including the security forces, even if he or she is a MDC member or supporter; or (b) Bulawayo, where the returnee will in general not face such a risk, even if he or she has a significant MDC profile. Click here for the full judgment.

Immigration Law Training

HJT Training - OISC Level 1 Accreditation Training
HJT has introduced a one day course for those newer to Immigration Law wishing to accredit at entry level. The aim of this course is to give delegates sufficient knowledge for Level 1 assessments with the OISC focussing on their new core requirements, their examinations being revamped from Summer 2013. Click here for more information.

ILPA Training
Impact of the EU Charter of Fundamental Rights
Monday 20 May 2013

Nuala Mole presents her well known course on the Impact of the EU Charter of Fundamental Rights in central London. Cick 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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