Immigration Law Cases
Patel & Ors v Secretary of State for the Home Department  UKSC 72 (20 November 2013)
The power to issue removal directions under S.10 of the Immigration and Asylum Act 1999 and S.47 of the Immigration, Asylum Nationality Act 2006, are no more than statutory powers available to the Secretary of State. Neither section should be read as imposing an obligation to make such a direction, nor will a failure to do so affect the validity of a previous immigration decision. The majority had been correct in AS (Afghanistan) v Secretary of State for the Home Department  1 WLR 385, that S.85(2) of the Nationality, Immigration and Asylum Act 2002 imposed a duty on the Tribunal to consider any potential ground of appeal raised in response to a S.120 notice. However, the relevance of an ability to meet the requirements of the immigration rules at the date of hearing, after a failure to do so at the date of the decision, to a proportionality assessment under Article 8 ECHR, is dependent upon the particular purpose the relevant immigration rule was seeking to achieve. To read the full judgment, click here. For a casenote by Anthony Vaughan on Free Movement click here.
Ignaoua, R (on the application of) v Secretary of State for the Home Department  EWCA Civ 1498 (21 November 2013)
A decision by the Secretary of State to issue a certificate under S.2C of the Special Immigration Appeals Commission Act 1997 could not terminate existing judicial review proceedings, in relation to the exclusion direction which had been certified. S.2C provided for where a direction was certified, the applicant may apply to the Special Immigration Appeals Commission (SIAC) to have the certification set aside. The section did not, however, preclude an alternative application by way of judicial review. To read the full judgment, click here. To read the Garden Court news story about the case, click here.
AS (Afghanistan) v Secretary of State for the Home Department  EWCA Civ 1469 (21 November 2013)
The Court of Appeal considered the extent to which judges of the Immigration and Asylum Chamber should regard as conclusive, decisions of the "Competent Authority", determining that an appellant before them has been a victim of trafficking. The First-tier Tribunal is entitled to take into account a decision that an appellant is or is not a victim of trafficking and therefore, if a perverse decision has been reached that an appellant has not been a victim of trafficking, the Tribunal can consider whether the facts of the case do, in fact, show that the appellant was a victim of trafficking. A failure by the Secretary of State to apply her own policy is an error of law in the sense that she will have failed to take a relevant consideration into account. If there is a finding that a person is a victim of trafficking, but the Secretary of State ignores that fact she will have failed to apply the relevant policy in relation to victims of trafficking. The mere fact that the Competent Authority has made a decision, cannot prevent the First-tier Tribunal judge from considering the evidence about trafficking which is placed before him. To read the full judgment, click here.
AS (s.55 "exclusion" certificate - process) Sri Lanka  UKUT 571 (IAC) (14 November 2013)
The Upper Tribunal (Immigration and Asylum Chamber) held that under S.55 of the Immigration, Asylum and Nationality Act 2006, it is not necessary that a decision on exclusion is made prior to consideration of any other matters. The effect of S.55 was to require the Tribunal in its written determination to decide exclusion from asylum first, before proceeding to address any other head of claim. There is no statutory provision similar to S.55 that can be applied when an applicant makes a claim for humanitarian protection. However, given the exclusion criteria in paragraph 339D of HC 395 (the Immigration Rules), which are very similar to those in Article 1F(a), a Tribunal should also decide on exclusion from humanitarian protection before substantive consideration of that claim. To read the full judgment, click here.
Immigration Law Training
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.
Indefinite leave to remain - all you need to know
ILPA Wednesday 27 November 2013, 16:00, London
Everything you need to know about applying for indefinite leave to remain including family applications, work routes and long residence.
For more information, 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.
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.