Immigration Law Bulletin - Issue 345 – 21 October 2013

Monday 21 October 2013

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Immigration Law News

On his recent trip to China, the Chancellor of the Exchequer announced measures to simplify the visa application process for Chinese visitors. To read further, click here.

For more criticisms of the 'go home' texts and billboards, click here and here.

Immigration Law Cases

AN (Afghanistan) v Secretary of State for the Home Department [2013] EWCA Civ 1189 (11 October 2013)
In dismissing the appeal of an Afghan couple and their teenage daughter (who was under 18 at the date of the Tribunal hearings) on Article 8 grounds, Underhill LJ rejected the submission that the First-tier Tribunal (FTT) Judge had given insufficient weight to the best interests of the child - which the FTT Judge had accepted would be best served by her remaining in the UK. In particular, and with reference to the judgment of HHJ Thornton in R (Tinizaray) v Secretary of State for the Home Department [2011] EWHC 1850 (Admin), Underhill LJ rejected the submission that, on the facts of the present case (including that the daughter had been 16 at the date of hearing), the Tribunal had been under any obligation to require further information to be obtained, or inquiries made, in this regard.
To read the full judgment, click here.

AB (Ahmadiyya Association UK: letters) Pakistan [2013] UKUT 511 (IAC) (30 September 2013)
In dismissing the appeal of a Pakistani Ahmadi appellant, the Upper Tribunal stated that the more that a letter from the Ahmadiyya Muslim Association UK contains specific information as to the claimant's activities in the United Kingdom, the more likely the letter is to be given weight.
To read the full determination, click here.

KK (Application of GJ) Sri Lanka [2013] UKUT 512 (IAC) (30 September 2013)
The Upper Tribunal, in dismissing the appeal, rejected the Sri Lankan appellant's challenge to the validity of the 'country guidance' in GJ & Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 319.
To read the full determination, click here.

Babajanov (Continuity of residence - Immigration (EEA) Regulations 2006) [2013] UKUT 513 (IAC) (3 October 2013)
In allowing the appeal of an Azerbaijani national who had been denied a document certifying permanent residence in the UK (he had had an Irish step-father, since separated from his mother), the Upper Tribunal held that the right of permanent residence under reg. 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country. The reasons for that absence must come within reg. 3(2) (which corresponds with Article 16(3) of Directive 2004/38/EC). The specific reasons set out in reg. 3(2)(c) are not exhaustive, given the phrase "such as", which precedes them; but the absence must be for "an important reason". Accordingly, in determining whether a period of absence falls within reg. 3(2)(c), regard must be had to the purpose giving rise to that absence. The purpose needs to be of an importance comparable to those specified in reg. 3(2)(c) and involve (i) compelling events and/or (ii) an activity linked to the exercise of Treaty rights in the host country.
To read the full determination, click here.

Immigration Law Training

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 Hours CPD
Speakers include Chris Randall of Bates Wells and Braithwaite LLP.
For more information, click here.

ILPA: Direct rights, derivative rights and rights yet undiscovered
Wednesday 23 October 2013, Bristol
2 Hours CPD
Garden Court's Adrian Berry's training session is aimed at practitioners who know something about EU law already. By the end of the session, however, practitioners will be familiar with the range of residence rights bothavailable and potentially available under EU citizenship law and EU law on the free movement of persons and will be able to argue difficult, borderline cases.
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.

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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