Immigration Law Bulletin - Issue 339 - 2 September 2013

Monday 2 September 2013

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Immigration Law News

The scheme by which immigration judicial reviews are to take place in the Tribunal, rather than the High Court, is now to take effect imminently. The scheme applies to any case in which an application for permission is issued in the High Court on or after 9 September 2013 or in the Tribunal on or after 1 November. Challenges that address nationality, unlawful detention, support, sponsor licensing, Upper Tribunal decisions, and cases questioning the validity of primary or subordinate legislation or requesting incompatibility declarations under the Human Rights Act, will remain in the High Court.
The implementing instructions can be viewed by ILPA members here.

Hart Publishing has made its special edition on legal aid reforms, which contains various briefings and papers, available to non-subscribers. For the full details, click here.

Immigration Law Cases

Shehadeh (FE), Re Judicial Review [2013] Scot CS CSOH_139 (21 August 2013)
Lord Tyre, sitting in the Court of Session, Outer House, found that it was not appropriate to apply the benefit of hindsight to the question of removability in an unlawful detention case. Lord Tyre found that the detention of a Palestinian became unlawful once the Jordanian Embassy advised that she was not Jordanian and had been issued with only a temporary travel document by them, and that their opinion was that she was Palestinian, given that removals to Palestine were possible only on a voluntary basis. The judge additionally found that a damages award of £36,000 was appropriate for detention of one year.
For the full judgment, click here.

Immigration Law Courses and Training

It's all about the money - A beginner's guide to the gross annual income test for partners under Appendix FM and Appendix FM-SE
ILPA, Monday 2 September 2013, 3 CPD, London
For further information, click here.

Advanced Naturalisation
ILPA, Wednesday 4 September 2013, London
Speakers include Adrian Berry of Garden Court Chambers.
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.

LAA (LSC) 1/OISC 2 Accreditation
Thursday 12 September to Friday 13 September 2013, London.
Basic two-day introduction to immigration law.
For further information, click here.

Long Residence: Rules, Cases and New Policies
HJT, Tuesday 24 September 2013, 16:00 to 19:00, London
The course covers the new case law on long residence and the new policy on discretion to overlook short gaps in lawful residence under the 10-year rule.
For further information, click here.

Advanced human rights law for immigration and asylum practitioners
Wednesday 16 October 13, 10:00 to 17:00, Central London
6 hours CPD. Trainer: Navtej Singh Ahluwalia of Garden Court Chambers.
This is an advanced course which has been updated following the recent Rule changes under (HC 194) - these seek to limit the application of Article 8 ECHR in deportation and other immigration cases. It requires legal knowledge and experience of the domestic immigration legal framework.
For further information, click here.

Judicial Review Conference 2013 + HJT's 10 Year Anniversary
5 hours 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, David Jones and Colin Yeo of Garden Court Chambers.
For further information, click here.

JUSTICE Human Rights Law Conference
6 hours 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

Gender, Violence and Asylum: A Troubling Trilogy?
Refugee Law Initiative, University of London
Monday, 28 October 2013, 16:00 to 18:00
This event covers the role and relevance of sexual violation within the asylum claims of women who have experienced rape in their country of origin. Speakers include Frances Webber, door tenant at Garden Court Chambers.
For more information, 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 has been 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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