Immigration Law Bulletin - Issue 351 - 2 December 2013

Monday 2 December 2013

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Immigration Law News

The Secretary of State published a new set of application forms for use from 1 December 2013 by applicants who are already in the UK, two addressing the Armed Forces cases, but also the FLR (FP) - for use in place of the FLR (O), for persons applying for limited leave to remain in the UK on the basis of family life as a partner on the 10-year route to settlement, family life as a parent of a child in the UK (five-year and 10-year routes to settlement), private life in the UK, and family or private life where the applicant knows they do not meet the requirements of the rules, but would like to apply anyway. For more information, click here.

Immigration Law Cases

Oboh & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1525 (25 November 2013)
The Court of Appeal held that in order to qualify for privileged treatment under Article 3 (2) of the Citizens Directive, a dependent family member had to show that they were dependants or members of the household of the EU citizen in the country from which they have come, this referencing another country as well as the host member state. To read the full judgment, click here.

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74 (27 November 2013)
The Supreme Court emphasised that the interests of the children must be at the forefront of the decision-maker's mind when considering whether an interference with family life was proportionate to the legitimate public end which the Secretary of State sought to achieve. It was in general not likely that a court would reach, in the context of an immigration decision, the "firm if bleak" conclusion which separated young children from their parents, though cases had to be determined on their merits. To read the full judgment, click here.

AA (Iran), R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2013] EWCA Civ 1523 (26 November 2013)
The Court of Appeal added another contribution to the chain of cases addressing the family tracing duty consistently honoured by the Secretary of State in the breach. They emphasised in this particular case that "cases in this area are fact sensitive" and that breaches of the family tracing duty need to be causally relevant to some prejudice to the appellant: here the asylum claim had been decisively rejected on appeal, and once the claim of persecution had been discounted, it was inherently likely that the child was able to contact its relatives. To read the full judgment, click here.

PK Congo v Secretary of State for the Home Department [2013] EWCA Civ 1500 (27 November 2013)
Sir Stanley Burnton emphasised the importance of the Tribunal addressing the seriousness of an appellant's offending and giving detailed reasons for differing from the views of predecessor Tribunals. He and Longmore LJ emphasised the extent to which the Court of Appeal should defer to the judgment of the Upper Tribunal as to whether or not the quality of reasoning in the First-tier Tribunal was adequate. To read the full judgment, click here.

KA (AP), Re Judicial Review [2013] ScotCS CSOH_184 (28 November 2013)

Lady Scott in the Outer House of the Court of Session found that whilst the Court was competent to entertain a challenge to a certification of a human rights claim as "clearly unfounded" in the case of a student overstayer picked up by the immigration service and alleged to be working in breach of his conditions, any such challenge was limited to considering questions of human rights alone: not challenges to the factual basis underlying the immigration decision itself as to whether or not there had truly been a breach of conditions. To read the full judgment, click here.

Immigration Law Events

Nationality law: birth and registration of children
Wednesday 4 December 2013, 15:00, London
CPD: 4 Hours
Alison Harvey of ILPA and Adrian Berry of Garden Court Chambers present one of their incomparable courses on nationality law, this time on the birth and registration of children. For more information, click here.

Four-day training - LAA (LSC) 2/OISC 3 Accreditation
Tuesday 7 January 2014 to Friday 10 January 2014, 10:00 to 17:00, London
HJT Training run their four-day training course designed to cater expressly for the various immigration accreditation exams, including the new-style OISC exams. For more information, click here.

Human Rights Update
Thursday 23 January 2014, 16:00 to 19:00, London
CPD: 3 Hours
HJT presents its first human rights update course of the new year. The course aims to update practitioners on the most recent human rights caselaw and developments relevant to immigration practitioners. 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: £36.00. For full details, click here.

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