Immigration Law Bulletin - Issue 355 - 20 January 2014

Monday 20 January 2014

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Immigration Law News

The 'Dublin III' Regulations (Regulation (EU) No. 604/2013) came into force on 1 January 2014. To read more, click here.

The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013 (SI.No.3032/2013), which amends the Immigration (European Economic Area) Regulations 2006, substantially came into force on 1 January 2014. The Amendment Regulations inter alia introduces a six-month statutory presumption for Jobseeker's Allowance. They also make changes with respect to the definitions of 'jobseeker' and 'worker' in the 2006 Regulations. To read more, click here.

The UNHCR, in a report published on 2 January 2014, has concluded that asylum-seekers in Bulgaria face a real risk of inhuman or degrading treatment, due to systemic deficiencies in the reception conditions and asylum procedures. To read more, click here.

Immigration Law Cases

Onuekwere [2014] EUECJ C-378/12
16 January 2014

Article 16(2) of Directive 2004/38/EC must be interpreted as meaning that a period of imprisonment in a host Member State of a third-country national, who is a family member of a Union citizen, cannot be taken into consideration in the context of the acquisition by the family member of the right of permanent residence. Moreover, continuity of residence is interrupted by periods of imprisonment in the host Member State of a third-country national who is a family member of a Union citizen who would have acquired the right of permanent residence in that Member State during those periods. To read the judgment, click here.

Secretary of State for the Home Department v MG [2014] EUECJ C-400/12
16 January 2014

On a proper construction of Article 28(3) (a) of Directive 2004/38/EC, the 10-year period of residence referred to in that provision must, in principle, be continuous and must be calculated by counting back from the date of the decision ordering the expulsion of the person concerned. A period of imprisonment is, in principle, capable both of interrupting the continuity of the period of residence for the purposes of that provision and of affecting the decision regarding the grant of the enhanced protection, even where the person concerned resided in the host Member State for the 10 years prior to imprisonment. However, the fact that that person resided in the host Member State for the 10 years prior to imprisonment may be taken into consideration as part of the overall assessment required in order to determine whether the integrating links previously forged with the host Member State have been broken. To read the judgment, click here.

Gulshan (Article 8 - new Rules - correct approach) Pakistan [2013] UKUT 640 (IAC)
17 December 2013

Cranston J. summarised the current approach for appeals under Article. 8 ECHR, that fail to succeed under the post July 2012 immigration rules. The maintenance requirements of E-LTRP.3.1-3.2 can under certain circumstances constitute an unjustified and disproportionate interference with the ability of spouses to live together.

Following consideration of the requirements of the rules, only if there may arguably be good grounds for granting leave to remain outside them is it necessary for Article 8 purposes to go on to consider whether there are compelling circumstances not sufficiently recognised under them.

The term "insurmountable obstacles" in provisions such as Section EX.1 are not obstacles which are impossible to surmount. They concern the practical possibilities of relocation. In the absence of such insurmountable obstacles, if removal is to be disproportionate it is necessary to show other non-standard and particular features demonstrating that removal will be unjustifiably harsh. To read the judgment, click here.

Immigration Law Courses and Training

Recent Developments in Immigration Cases
22 January 2014, 16:00 to 19:15, London.
CPD Hours: 3
ILPA Course presented by Sonali Naik, Garden Court Chambers, and David Chirico, 1 Pump Court.
For more information, click here.

Human Rights Update
23 January 2014, 16:00 to 19:00, London
CPD Hours: 3
HJT Training course presented by Keelin McCarthy, Lamb Building.
For more information, click here.

Immigration update - The changes
28 January 2014, 16:00 to 19:00, London
CPD Hours: 3
HJT Training course presented by Keelin McCarthy, Lamb Building.
For more information, click here.

Introduction to Tier 2 - Everything you need to know
29 January 2014, 16:00 to 19:15, London
CPD Hours: 3
ILPA Course presented by Andrea Als and Kellie Sullivan, PricewaterhouseCoopers Legal LLP.
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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