Immigration Law Bulletin – Issue 343 – 7 October 2013

Monday 7 October 2013

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Immigration Law News

6 October 2013
David Villa, an Eritrean teenager who is possibly using the name of an Atletico Madrid footballer to conceal his true identity, tells his story of fleeing war-torn Eritrea before surviving the horrific sea voyage in which hundreds of migrants died off Lampedusa, Italy.
For more information, click here.

30 September 2013
Theresa May told the Conservative Party Conference that her party is prepared to withdraw from the European Convention "if that's what it takes to fix the law".
To read her full speech, click here.

Immigration Rule Changes
Statement of Changes to the Immigration Rules (HC 628) come into effect on 1 October 2013. The UKBA states that businesses and workers will be offered greater flexibility. This will include the removal of the English language requirement for intra-company transferees.
For more information, click here.

Daily Mail accused of anti-semitism
The Daily Mail has been accused of anti-semitism over Ralph Miliband smears.
For more information, click here.

Immigration Law Cases

Nnamdi Onuekwere v Secretary of State for the Home Department, 3 October 2013, CJEU-109/12
The Upper Tribunal invited the Court to clarify whether a period of residence in prison could be regarded as legal residence within the meaning of Article 16(2) of Directive 2004/38. The Court found that imprisonment did not count as legal residence. Consequently, any period of imprisonment could not be taken into account in the calculation of the five years required for the acquisition of permanent residence. Secondly, periods of legal residence before and after imprisonment cannot be aggregated for the purposes of calculating that five year residence.
For the full judgment, click here.

R (on the application of SS) v Secretary of State for the Home Department Court of Appeal (Civil Division) 25 September 2013 (unreported)
A rare but positive judgment in a delay case in which the Court of Appeal found that the Home Secretary's six-year delay in deciding an asylum seeker's application for asylum had been inordinate and without excuse and it was appropriate to make an order requiring a decision to be made by a certain date.

Immigration Law Campaigning News

Fight the gagging law
The Government plans to limit how ordinary people can act on the issues they care about from the NHS to housing and environment. This campaign is currently trying to stop the Government slashing spending limits for charities, campaigners and local organisations. The next vote in the House of Commons is on the 9 October 2013.
For more information, click here.

'Go Home' Campaign
Southall Black Sisters are protesting against racist immigration laws, tactics being used by the UKBA and the 'go home' posters. The next demonstration is on 24 October 2013 in Hounslow.
For more information, click here.

Immigration Law Courses and Training

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.

Reception and Inaugural Seminar '4th International Refugee Law' Series: 'The Right to Seek and Obtain Asylum under the African Human Rights System'
Wednesday 16 October, 17:30, London
In this seminar, Dr Chaloka Beyani will be presenting and discussing the results of his research into the right to seek and obtain asylum under the African human rights instruments.
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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