Immigration Law Bulletin - Issue 340 - 9 September 2013

Monday 9 September 2013

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Immigration Law News

The Ministry of Justice has announced a second stage of consultation on amended proposals regarding changes to the provision of legal aid. To read further, click here.

And for further proposals on reforming judicial review, click here.

Proposed changes to Immigration Rules
On Friday 6 September 2013, a written ministerial statement was laid in Parliament outlining a number of changes to the Immigration Rules. The changes will come into effect from 1 October.
To read further, click here.

Immigration Law Cases

Atamewan, R (on the application of) v SSHD [2013] EWHC 2727 (Admin) 6 September 2013
The Divisional Court considered the question of the extent of the SSHD's obligations in respect of a victim of 'historic trafficking'. During the case, challenges were made by a Nigerian national, who had been removed to Nigeria, to (a) an 'NRM Decision' of February 2011 that she was, by then at least, not the victim of trafficking and the SSHD's concomitant decision that she was under no legal obligations to give protection and assistance to the claimant as an 'historical' victim of trafficking; and (b) certification of her asylum and human rights claims as clearly unfounded. Aikens LJ (with whom Silber J agreed) held that relevant passages in the SSHD's (2010) 'Guidance to the Competent Authorities' misinterpreted Arts 4, 10(2) and 13(1) of the Trafficking Convention (CAT) and that the 'NRM decision' was unlawful inter alia as based on an erroneous policy. However he rejected, on the facts, the challenge to the certification decisions. On quashing the 'NRM decision' Aikens LJ granted the claimant a declaration that her rights under Art 4 ECHR (prohibition of slavery etc.) had been breached, but declined to award any damages. Because the claimant had been removed from the UK inconsistently with the UK's obligations under Art 10(2) CAT, he made a mandatory order that the SSHD seek to return her to the UK and that she be granted 12 months' and one day's leave so as to be able to take part in police investigations in her case.
To read the full judgment, click here.

Geraldo & Ors, R (on the application of) v SSHD [2013] EWHC 2763 (Admin) 6 September 2013
King J rejected the claims of three failed asylum seekers that they should have been granted immediate indefinite leave to remain (ILR) under the 'legacy programme' rather than three years discretionary leave, and that the delay in granting them leave until after the change of policy on 20 July 2011 was unlawful. In particular, King J rejected the propositions that failure to grant the claimants ILR was inconsistent with the very rationale of the legacy programme under which their cases were being considered and that there was, in effect, an undertaking not to change that policy during the currency of the legacy programme.
To read the full judgment, click here.

Akhalu (health claim: ECHR Article 8) [2013] UKUT 400 (IAC) 24 July 2013
In dismissing an appeal by the SSHD, from what it described as a perhaps 'generous' First-Tier Tribunal (FTT) determination allowing, on Article 8 grounds, the appeal of a Nigerian national suffering from, and being treated on the NHS for, end stage kidney failure, the Upper-Tribunal (Immigration and Asylum Chamber) held that the consequences of removal upon the health of a claimant, who would not be able to access equivalent health care in their country of nationality, are plainly relevant to the question of proportionality. The case concluded that the correct approach is not to leave out of account what is a material consideration of central importance to the individual concerned, but to recognise that the countervailing public interest in removal will outweigh the consequences for the health of the claimant because of a disparity of health care facilities in all but a very few rare cases.
To read the full determination, click here.

Immigration Law Courses and Training

Dealing with Disaster: sponsor licence revocations, suspensions and associated problems
Wednesday 11 September 2013, 16:00, ILPA, London
Sponsorship under the Points Based System has created unprecedented legal and commercial risks. Many organisations that have been subjected to enforcement action have seen their very existence threatened, their management, employees and students distressed and their reputations dissected by the media. The aim of this course is to assist immigration practitioners through the dealing with disaster minefield.
For further information, click here.

Getting started in business immigration law
Thursday 12 September 2013, 16.00, ILPA, London
For practitioners wishing to gain basic knowledge of UK business immigration law, or for experienced practitioners who have not dealt with business immigration law for some time, an update.
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
Tuesday 24 September 2013, 16:00 to 19:00, HJT, 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
Tuesday 22 October 2013, London.
5 Hours CPD. 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
Thursday 24 October 09.30 - 17.00, Bloomsbury Hotel, London
6.5 hours CPD. 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.

Tier 2 and the April 2013 Changes - what you need to know
Friday 25 October, 10.00 - 17.00, Central London.
6 Hours CPD. This course provides up to date knowledge and understanding of the effect of the recent developments on the Tier 2 requirements from April 2013. Speakers include Navtej Singh Ahluwalia 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 - 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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