Immigration Law Bulletin - Issue 348 - 11 November 2013

Monday 11 November 2013

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Immigration Law News

New immigration rules for the armed forces took effect on 8 November 2013 requiring that members of HM Forces have to meet a minimum income threshold before sponsoring spouses to come here. English language requirements will attend such applications, which will attract a five-year probationary period before settlement may be applied for. For further information, click here.

Immigration Law Cases

X, Y and Z v Minister voor Immigratie en Asiel (C-201/12)
The Court of Justice of the European Union (CJEU) found that the existence of criminal laws which specifically target homosexuals supported the finding that those persons must be regarded as forming a particular social group. The mere existence of legislation criminalising homosexual acts cannot be regarded as so significant that it reaches the level of seriousness necessary for a finding that it constitutes persecution under the Qualification Directive, but imprisonment pursuant to such provisions might amount to persecution. It was wrong to require members of a social group sharing the same sexual orientation to conceal that orientation where it was a characteristic so fundamental to their identity that they could not be expected to renounce it. To read the full judgment, click here.

Thangarasa, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2013] EWHC 3415 (Admin) (08 November 2013)
Blair J found, in the context of judicial review proceedings brought against a refusal of permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) (UTIAC), that it was appropriate to treat the Cart criteria as established in the claimant's favour via the grant of permission itself. To read the full judgment, click here.

HN v Minister for Justice, Equality and Law Reform [2013] EUECJ C-604/12 (07 November 2013)
Advocate General Bot gave his opinion that Ireland was entitled to have a rule which gave access to subsidiary protection only after the asylum procedure had been exhausted. He considered it essential that an international protection claim be considered both as an asylum claim and a subsidiary protection claim in order to avoid vulnerable applicants losing out on the form of protection most apposite to the facts of their case. The right to good administration recognised by the Charter of Fundamental Rights was part of European Union law applicable to international protection claims. To read the full judgment, click here.

Gafaro, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3365 (Admin) (06 November 2013)
Sitting in her High Court persona, Ms Gill became the latest to dismiss the judicial review claim of a former Afghan minor with regard to whom the Secretary of State had failed in their tracing duties. She found that discretion to permit a claim to be amended to challenge an earlier refusal of the asylum claim some years ago should not be permitted notwithstanding that the applicant had been a minor at the time they failed to act timeously. To read the full judgment, click here.

AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin) (07 November 2013)
Mostyn J, dismissing a claim for judicial review because of the lack of credibility of the claimant, also found that the G4S staff involved in a removal attempt had falsified evidence and thus risked undermining, if not fatally, then certainly very seriously, the trust of the people in the operation of the rule of law, noting that corruption by (de facto) state officials was insidious and corrosive and that it was the duty of the authorities where it is found to root it out ruthlessly: he referred the matter to the Attorney General to consider further action against the miscreants. To read the full judgment, click here.

Immigration Law Events

Family Reunion for Refugees
Wednesday 13 November, 16:00
CPD: 3:00 Hours
Comprehensive training on the current state of the law and the Home Office's policy regarding the family reunion of refugees.
For more information and to book places, click here.

How to pass your OISC level 1 exam
Wednesday 20 November, 15:00 to 18:00
HJT Training run their training course for the new-style OISC exams.
For more information and to book places, click here.

How to pass your OISC level 2 and 3 exam
Monday 25 November, 10:00 to 17:00
For more information and to book places, click here.

Refugee and International Protection Law Update
Monday 25 November, 16:00
CPD: 3:00 Hours
Mark Symes and Peter Jorro of Garden Court Chambers present their regular Refugee and International Protection Update for ILPA.
For more information and to book places, click here.

Immigration update - The changes
Tuesday 26 November, 16:00 to 19:00
HJT presents its Immigration Update concentrating on the recent announcements as to the future for appeals including human rights issues, and on the changes to the system for running judicial review challenges.
For more information and to book places, click here.

Tier 1 and Tier 5
Friday 6 December 2013, 12:45 to 17:00
JCWI, Central London
CPD: 4:00 hours
Speakers include Navtej Singh Ahluwalia of Garden Court Chambers. For more information and to book places, 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: £36.00. For full details, click here.

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