Immigration Law Bulletin - Issue 334 - 22 July 2013

Monday 22 July 2013

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Immigration Law News

19 July 2013. Dublin III Regulation enters into force. The European Union's Regulation No 604/2013 heralding the arrival of the Common European Asylum System. This will impact upon asylum seekers ability to seek protection in Europe.

Bar Standards Board reviews the regulation of immigration advice and services - praise for the quality of advice provided by immigration barristers is showcased by new consumer research. For full details, click here.

Jimmy Mubenga: Home Office official makes qualified apology to family. To read coverage from The Guardian, click here.

Moreton Hall (immigration) detainee held for nearly three years. To read coverage from the BBC, click here.

Mr Justice McCloskey is appointed to be President of the Upper Tribunal Immigration and Asylum Chamber with effect from 1 October 2013.

Immigration Law Cases

R (on the application of New London College Ltd) v Secretary of State for the Home Department; R (on the application of West London Vocational Training College) v Secretary of State for the Home Department [2013] UKSC 51
The Supreme Court dismissed the appeals of New London College. The Court found that the Tier 4 Sponsor Guidance issued by the Secretary of State for the Home Department did not set out rules requiring compliance by a migrant as a condition of his obtaining leave to enter or remain. The guidance was concerned with the position of the sponsor. Accordingly section 3(2) of Immigration Act 1971 did not require the guidance to be laid before Parliament. For the full judgment, click here.

SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888
The Court of Appeal considered whether a child's religious upbringing engaged the Convention. A woman who was concerned at the prospect of her husband's intention to convert to Islam and insist that her six year old son would be brought up Muslim (which she did not want to happen) came to UK from Malaysia. She entered the UK lawfully and subsequently claimed asylum and human rights protection. The mother argued before the Court of Appeal that to deny the appellant the opportunity of teaching her son about her own religious faith would amount to a flagrant breach of her right to respect for private and family life under Article 8 of the Convention and of her right under Article 9 to practice her religion.
The Court of Appeal found that the child was six years old and was too young to have yet formed any independent religious faith. The Court found that he would be able to make his own decisions about his choice or otherwise of religion when he grows up so removing him with his mother to Malaysia where he would be brought up by both parents in the country of his nationality would not interfere with his Convention rights and was found to be in his best interests. In relation to circumcision, the Court found that there would be no infringement of his Convention rights given that it is accepted practice among certain communities in appropriate medical conditions and cannot be compared to female genital mutilation which involves a far more serious violation of the physical integrity of the body. For the full judgment, click here.

R (on the application of) David Francis v Secretary Of State for the Home Department [2013] EWHC 2115 (Admin)
A High Court Judge found no claim for damages for unlawful detention where a claimant had been recommended for deportation by the sentencing court, and was detained pursuant to a statutory warrant under Schedule 3 of the Immigration Act 1971. For the full judgment, click here.

Poonam v Secretary Of State for the Home Department [2013] EWHC 2059 (QBD)
A claim for damages due to unlawful search of premises under immigration powers and detention, The Court found that the search was unlawful but this did not render the subsequent detention unlawful. For the full judgment, click here.

Boodhoo (EEA Regs:relevant evidence) Mauritius [2013] UKUT 346 (IAC)
18 July 2013

The Upper Tribunal found that in an appeal under the Immigration (European Economic Area) Regulations 2006, a tribunal did have the power to consider any evidence which it thinks relevant to the substance of a decision including evidence which concerns a matter arising after the date of the decision. For the full judgment, click here.

Immigration Law Training

OISC Leval 1 Accreditation Training
HJT Training has introduced a one day course for those new 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 focusing on their new core requirements, their examinations being revamped from Summer 2013: HJT Training is now working in partnership with the OISC to design and deliver the new exams assessing OISC competence standards. Courses are running in Birmingham on 23 July, and in London on 8 August and 19 September. For full details click here.

Challenging Immigration Decisions Appeal rights and Other Remedies
ILPA, Wednesday 24 July

On Wednesday 24 July Mark Symes and Peter Jorro present Challenging immigration decisions, appeal rights and other remedies for ILPA. For full details click here.


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