Immigration Law Bulletin - Issue 329 - 18 June 2013

Tuesday 18 June 2013

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News

UNHCR published their new report Beyond Proof on credibility in refugee status determination, in which they emphasise the importance of the "benefit of the doubt" principle and the shared duty on asylum seekers and decision makers to determine the true facts of the case. Click here to read the report.

HJT Training will henceforth be working with the Office of the Immigration Services Commissioner as their partner in the new examining process, setting and marking the exams at all three levels of the OISC process. Read more here.

Cases

JB (Jamaica), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 666
The Court of Appeal overturned the certification of Jamaica as a country from there is in general no risk of persecution and found it was unlawful to subject an asylum seeker to the Detained Fast Process where they would require further time to obtain evidence of their gender preference. For the full judgment click here.

Virk & Ors v Secretary of State for the Home Department [2013] EWCA Civ 652
12 June 2013

The Court of Appeal found that as statutory jurisdiction cannot be conferred by waiver or agreement; or by the failure of the parties or the tribunal to be alive to the point, it was open to either the FTT or the UT to take a point about jurisdiction notwithstanding the failure of the Secretary of State to raise it herself subject to considerations of natural justice. For the full judgment click here.

NN (South Africa) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 653
12 June 2013

Patten LJ in the Court of Appeal determined that whilst an Immigration Judge might be wrong to adopt a test of necessity as to whether an oral hearing was required, there was no requirement for an oral hearing where no further evidence was being relied on and the questions were straightforward ones of law. For the full judgment click here.

Warnborough College Ltd, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1510 (Admin)
10 June 2013

His Honour Anthony Thornton QC (sitting as a Deputy High Court judge) in the Administrative Court granted permission for judicial review as the mandatory refusal of sponsor licences because more than 20% of students were refused visas was arguably unlawful, partly depending on the future result of New London College in the Supreme Court, but additionally, arguably, because it is imposing by the delegation onto educational bodies of visa granting functions which fall outside their objects as educational bodies, whether or not they are also charities, and on other grounds including the possibility of individual visa decisions being shown to be wrong, the widely differing rates of refusal across the world, the need to interpret the policy guidance document pragmatically, and the lack of clarity as to when a holistic decision might be made. For the full judgment click here.

AHK & Ors v Secretary of State for the Home Department [2013] EWHC 1426 (Admin)
7 June 2013

Ouseley J in the Administrative Court held that a refusal of naturalisation (here on national security grounds) could interfere with rights under Articles 9 and 10 of the ECHR, though probably not with Article 8 ECHR without more, but whilst the Claimants had been unable to rest the merits of undisclosed material, this did not show that the decision was not subject to an effective challenge, given that there was only limited interference where a benefit was refused rather than some restriction being imposed upon them such that no further procedural protection was required. For the full judgment click here.

Immigration Law Training

OISC Level 1 Accreditation Training
HJT Training, Tuesday 16 July 2013

HJT Training 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. For full details, click here.

Advanced Naturalisation
ILPA, Thursday 20 June 2013

Adrian Berry presents his course on Advanced Naturalisation for ILPA. For full details, click here.

Catch up on the new immigration rules changes
JCWI, Thursday 11 July 2013

This seminar will focus on the new Immigration Rules relating to family migration including the EEA route. It will provide a fascinating update on recent case law developments on Article 8 and EEA law. Speakers include Navtej Singh Ahluwalia. For full details, click here.

Events

Refugee Week
17-23 June 2013

This week is Refugee Week - a unique opportunity to discover and celebrate the contributions of refugees to the UK. Exhibitions, discussions, film screenings and other events are being held all over the UK. Find out more here.

 

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