Immigration Law Bulletin - Issue 346 - 28 October 2013

Monday 28 October 2013

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Immigration Law News

Legislative Changes
The British Nationality (General) (Amendment) Regulations 2013 come into force on 28 October 2013, amending the British Nationality (General) Regulations 2003. The Amendment Regulations insert a revised regulation 5A into the 2003 Regulations. The revised regulation 5A changes the qualifications applicants may rely on to prove their knowledge of English and of life in the United Kingdom and states that those from certain English-speaking countries will be assumed to have sufficient knowledge of English for naturalisation purposes. For further information, click here.

Immigration Law Cases

SQ (Pakistan) & Anor, R (on the application of) v The Upper Tribunal Immigration and Asylum Chamber & Anor [2013] EWCA Civ 1251
22 October 2013

The Court of Appeal (Maurice-Kay, Lewison and Underhill LJJ) held that children who require life-saving medical treatment are more likely to be entitled to remain in the UK to receive it under Article 3 ECHR because they are more likely to satisfy the "exceptional circumstances" test in N v UK, than adults. The Court of Appeal went on also to hold that because of the duty to treat children's best interests as a primary consideration, children's health cases required separate and careful consideration under Article 8 ECHR. For the full judgment, click here.

HF (Iraq) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1276
23 October 2013

In dismissing a challenge to the country guidance set out both in HM (Iraq) and MK (Iraq), Elias LJ held that there was no requirement on the Upper Tribunal to give particular weight to the views of the UNHCR when considering risk in Iraq. Maurice Kay LJ, however, was critical of the Upper Tribunal for raising in issue the fact that the UNHCR had a dual role, both as an advisor on country conditions in Iraq and as a facilitator for returnees there. The Tribunal's findings that a sponsor was not necessary for a person to relocate to the Kurdistan Regional Government (KRG) was upheld, or at least the evidence suggested that there was little disadvantage, for somebody seeking to relocate there, in not having a sponsor. For the full judgment, click here.

Vagh, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1253
23 October 2013

The Secretary of State was correct to deny a British overseas citizen a British passport under S.4B of the British Nationality Act 1981, as she was not able to provide a satisfactory explanation as to why she was not actually entitled to the Indian passport she used when she first arrived in the UK. For the full judgment, click here.

Giwa, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3189 (Admin)
22 October 2013

In dismissing an application for unlawful detention of a Sierra Leonean national who had been detained for 53 months, His Honour Judge Keyser Q.C. held that his detention had now been pushed to the limit of what is capable of being considered reasonable. However, his detention continued to be lawful, pending a further interview with the High Commission that may produce a travel document that would facilitate the claimant's return. For the full judgment, click here.

Muhammad & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3157 (Admin)
17 October 2013

Mr Justice Stewart refused an application for interim relief, in the form of release from detention, of three detainees who were currently refusing to either take food or water, as he held that it was in their power to make the decision to receive the appropriate medical treatment. For the full judgment, click here.

Immigration Law Training

OISC Level 2 Accreditation Training
Wednesday 6 and Thursday 7 November, 10:00 to 17:00 London
12 CPD Hours
For further information, click here.

Other Events and Campaigns

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.

Postcards for Justice
The Save Justice campaign is recruiting Justice Ambassadors as part of their postcard campaign which will, it hopes, result in thousands of postcards being delivered to Nick Clegg in November. The postcards, signed by both lawyers and non-lawyers, urge Nick Clegg to re-think the Government's changes to legal aid. If you think that you can reach groups of people who would be willing to support this cause, then click here for further information.

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: £36.00. For full details, click here.

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