Immigration Law Bulletin - Issue 344 - 14 October 2013

Monday 14 October 2013

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Immigration Law News

The new Immigration Bill has been announced. It contains radical provisions on cutting appeal rights and making appeals against deportation non-suspensive, putting the Government's interpretation of the right to private and family life onto the statute book, and increasing powers to take fingerprints and search for passports, and reducing bail rights. There will be a right of appeal against refusal of asylum and human rights claims or where refugee or humanitarian protection status is revoked. Otherwise, the remedies will be administrative and judicial review alone.

Immigration Law Cases

MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192 (08 October 2013)
Lord Dyson MR for the Court of Appeal considered the deportation provisions of the Immigration Rules addressing private and family life. Observing that whether a case satisfies the requirements of Rules 398 and 399 is a question partly of hard-edged fact and partly of evaluation, he noted that Rule 398 expressly contemplates weighing "other factors" against the public interest in the deportation of foreign criminals and that these necessarily included all other factors relevant to proportionality, such as the Maslov criteria. The reference to "exceptional circumstances" in Rule 398 did not herald a restoration of the exceptionality test in all cases in which a foreign national faced removal and relied on family life established when his immigration status was "precarious" (because he had no right to remain in the UK) albeit that great weight should be given to the public interest in deporting foreign criminals who do not fall within the criteria exempting them from deportation in Rules 398-399. It would be wrong to take a stringent approach to the meaning of "insurmountable obstacles". To read the full judgment, click here.

Ali v Secretary of State for the Home Department [2013]
Considering the provisions of the Rules addressing Tier 1 post-study work in relation to an MBA that had been obtained subsequent to the making of the original application, Moses LJ in the Court of Appeal found that although the Secretary of State accepted that such a qualification could be relied upon before the decision was made, the Rules prevented a migrant's response to a notice under section 120 of the Nationality Immigration and Asylum Act 2002 as qualifying as an application that needed to be considered on appeal. To read the full judgment, click here.

Secretary of State for the Home Department v Al-Jedda [2013] UKSC 62 (9 October 2013)
Lord Wilson in the Supreme Court found that the inquiry under section 40(4) of the British Nationality Act 1981 is a straightforward exercise both for the Secretary of State and on appeal: it is whether the person holds another nationality at the date of the order. To read the full judgment, click here.

Adzo Domenyo Alokpa, v Ministre du Travail, de l'Emploi et de l'Immigration [2013] EUECJ C-86/12 (10 October 2013)
The Court of Justice of the European Union considered rights attending EU Citizenship and ruled that a member state was not precluded from refusing residence to a third country national with sole responsibility for European Union citizen children, where they had resided since birth in a member state without making use of their free movement rights, where they did not satisfy the requirements of the Citizens Directive and where such a refusal does not deprive them of effective enjoyment of the substance of their rights. To read the full judgment, 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.

Overseas domestic workers - dealing with the original and tied visa
Tuesday 22 October 2013, London
2.5 CPD Hours
Speakers include Chris Randall of Bates Wells and Braithwaite LLP.
For more 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.

OISC Level 2 Accreditation Training
Wednesday 6 and Thursday 7 November, 10:00 to 17:00 London
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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