Immigration Law Bulletin - Issue 332 - 8 July 2013

Monday 8 July 2013

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Rrapaj & Ors v Director of Legal Aid Casework & Anor [2013] EWHC 1837 (Admin)
2 July 2013

For the purpose of Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, challenges to a refusal to treat further representations as a fresh asylum claim, and challenges to certificated decisions, are both in scope. To read the full judgment click here.

MM & Ors v Secretary of State for the Home Department [2013] EWHC 1900 (Admin)
5 July 2013

In a challenge to the minimum income requirement under Appendix FM of the Immigration Rules, Mr Justice Blake declined to strike down the requirement entirely, but found that at its current level, it amounted to a disproportionate interference into the right to family life of British citizens and refugees. To read the full judgment click here.

GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC)
5 July 2013

New country guidance for Sri Lanka held that the focus of the Sri Lankan government has changed since the civil war ended. The government's present objective is to identify Tamil activists in the diaspora who are working for Tamil separatism. In post-conflict Sri Lanka, an individual's past history will be relevant only to the extent that it is perceived by the Sri Lankan authorities as indicating a present risk to the Sri Lankan Government. Person thought to be at risk are individuals who are, or are perceived to be, a threat to the integrity of Sri Lanka as a single state; journalists or human rights activists, who have criticised the Sri Lankan government; individuals who have given evidence to the Lessons Learned and Reconciliation Commission; and a person whose name appears on a computerised "stop" list accessible at the airport, comprising a list of those against whom there is an extant court order or arrest warrant.

Consideration must always be given to whether, in the light of an individual's activities and responsibilities during the civil war, the exclusion clauses are engaged. To read the full judgment click here.

Akhtar v Entry Clearance Officer - Islamabad (CEFR; UKBA Guidance and IELTS) [2013] UKUT 00306 (IAC)
5 July 2013

In order to meet the English language requirement under parts of the Immigration Rules, an applicant must achieve a certain level by reference, to the Common European Framework Reference (CEFR). If the applicant wants to rely on an International English Language Test System (IELTS), they must refer to the relevant Home Office Guidance to succeed as the Rules do not state an equivalence between the IELTS test results and the levels of the CEFR.

In order to achieve a particular CEFR level, it is not enough simply to look at the individual's overall score: the Guidance requires that at least each of the individual modules in "speaking" and "listening" has been assessed at the level required. To read the full judgment click here.

Reyes v Secretary of State for the Home Department (EEA Regs: dependency) [2013] UKUT 00314
19 June 2013

Merely because an applicant is in the United Kingdom without lawful permission to work, does not mean that they should automatically be considered a dependent for the purpose of the Immigration (European Economic Area) Regulations 2006. Whether they qualify as a dependent for the purpose of the Regulations is to be determined either at the date of decision, on the basis of evidence produced to the respondent or the date of hearing, on the basis of evidence produced to the tribunal. To read the full judgment click here.

SHL v Secretary of State for the Home Department (Tracing obligation/Trafficking) Afghanistan [2013] UKUT 312 (IAC)
16 June 2013

Regulation 6(1) of the Asylum Seekers (Reception Conditions) Regulations 2005 requires the Secretary of State to endeavour to trace the members of a minor asylum applicant's family as soon as possible following submission of the asylum claim. A failure to discharge this duty may, give rise to a breach of the Secretary of State's duty under section 55 of the Borders, Citizenship and Immigration Act 2009, as it may render the decision maker unable to assess the best interests of the child claimant. It falls then to the Tribunal to consider the effect and consequences of this failure on the claims made by the claimant.

There is no right of appeal to the Tribunal under the European Convention on Action Against Trafficking In Human Beings. In so far as the Secretary of State was subject to a public duty to take the Convention into account, this was clearly done in the present case in making the separate trafficking decision. To read the full judgment click here.

Legislative Changes

The Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 SI 2013 No. 1460, came into force on 1st July 2013. The Regulations made provision for the entitlement of Croatian nationals to reside and work in the United Kingdom following their joining of the European Union. For full details click here.

Courses and Training

Options for Graduates
ILPA, Wednesday 10 July 2013, 4:00pm in London

The session aims to provide delegates with an overview of the options available to international students who graduate from degree-level courses in the UK and who wish to stay for further study or for work including Tier 1 Graduate Entrepreneur, Tier 2, Extensions under Tier 4 and Tier 5. Click here for more information.

Catch up on the new immigration rules changes
JCWI, Thursday 11 July 2013 at 12.45pm in London

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. Click here for more information.

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.

Immigration Law Books

Garden Court Chambers immigration team members are authors of numerous books which we mention from time to time.

Asylum Law and Practice (2nd edition)
The second edition of Asylum Law and Practice by Mark Symes and Peter Jorro is published. 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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