Immigration Law Bulletin - Issue 337 - 12 August 2013

Monday 12 August 2013

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Immigration Law News

The Home Office has amended both the guidance for points-based system (PBS) dependants and the application forms for Tier 4 (Child) applications; Tier 2 Priority Dependant applications; Tier 1, 2 or 5 Dependant applications and Tier 4 Dependant applications. For further information, click here.

Immigration Law Cases

Che, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2220 (Admin)
26 July 2013

An applicant under the legacy scheme did not have a legitimate expectation that a negative decision on his claim would be reconsidered, following the receipt of a letter from the Secretary of State saying that it would be reviewed. It was found that the previous refusal decision had addressed all relevant factors and that the consequent removal decision was still in force. For the full judgment, click here.

GE, R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 2186 (Admin) 26 July 2013
The Secretary of State's duties under s.23C of the Children Act 1989 only applied to those who had previously received services under the section, from the Secretary of State, when they were minors. The duties under s.23C did apply in circumstances where a claimant had now turned 18 and had been entitled to support under the section in their minority, but had not received it. For the full judgment, click here.

AH (Article 1F (b) - 'serious') Algeria [2013] UKUT 382, 5 August 2013
This case offers new guidance on exclusion under Article 1F(b). 'Serious' for the purpose of Article 1F(b) has an autonomous international meaning and is not to be defined purely by national law or the length of the sentence, although there is assistance of the definition of 'serious' under Article 1F(c) in the Supreme Court judgment of Al-Sirri and another v Secretary of State for the Home Department [2012] UKSC 54. Personal participation in acts leading to exclusion under Article 1F(b) must be established to the ordinary civil standard of proof, and personal participation in a conspiracy to promote terrorist violence can be a 'serious crime' for the purpose of Article 1F(b).

In the absence of some strikingly unfair procedural defect, United Kingdom courts and tribunals should accord a significant degree of respect to the decision of senior sister courts in European Union legal systems; there is a particular degree of mutual confidence and trust between legal systems that form part of the same legal order within the European Union. However, the ultimate question of whether the conduct, of which the United Kingdom court or tribunal is satisfied is sufficiently serious to justify exclusion, is a matter for the national court or tribunal. For further information, click here.

Immigration Law Courses and Training

Advanced Naturalisation
ILPA, Wednesday 4 September 2013, London
Speakers include Adrian Berry of Garden Court Chambers.
For further information, click here.

LAA (LSC) 2 / OISC 3 Accreditation
HJT Training, Tuesday 10 September to Friday 13 September 2013
For further information, click here.

Dealing with Disaster: sponsor licence revocations, suspensions and associated problems
ILPA, Wednesday 11 September 2013, London
For further information, click here.

Judicial Review Conference 2013 + HJT's 10 Year Anniversary.
5 CPD, Tuesday 22 October 2013, London.
The conference features leading immigration and asylum practitioners who will discuss the implications of the latest developments in judicial review in the immigration field. Speakers include Stephen Knafler QC, Mark Symes and David Jones of Garden Court Chambers.
For further information, click here.

JUSTICE Human Rights Law Conference
6 CPD, Thursday 24 October 9.30am-5pm,
Bloomsbury Hotel, London
Now in its 15th year, this annual conference is the acknowledged forum for ensuring that delegates are fully up to date with developments in human rights law. Speakers include Duran Seddon of Garden Court Chambers.
For further information, click here.

Other Events

'Go Home' Campaign: a public meeting on supporting immigrants in London
20 August at Goldsmiths College, New Cross and 21 August at University of East London Stratford Campus.
The Refugee and Migrant Forum of East London, the Migrants Rights Network, Bhatt Murphy and Deighton Pierce Glynn are running a series of workshops across London to support migrant and refugee community organisations, activists and interested individuals to campaign against the 'Go Home' campaign and the summer of attacks on immigrants.
For the event on the 20th, click here. For the event on the 21st, click here.

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. 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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