Immigration Law Bulletin – Issue 356 – 27 January 2014

Monday 27 January 2014

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Immigration Law Cases

Secretary of State for the Home Department v Rodriguez [2014] EWCA Civ 2
20 January 2014

A letter of the 19 May 2011 from the UKBA to the Joint Education Task Force Members, which stated that a new practice whereby all applicants would be notified of the absence of mandatory evidence and would be given the opportunity to rectify the relevant informational shortcomings prior to rejection of the application, did not amount to an amendment of the Secretary of State's existing Evidential Flexibility Policy. Moreover, the Evidential Flexibility Policy is not designed to give an applicant the opportunity to remedy a defect or inadequacy in their application or supporting documentation, so as to save the application from refusal after substantive consideration. There was nothing to suggest in this appeal that the Evidential Flexibility Policy had not been appreciated or that it was ignored by the Secretary of State.
To read the judgment, click here.

Nasim and others (Article 8) Pakistan [2014] UKUT 25 (IAC)
17 January 2014

Following Patel and Others v Secretary of State for the Home Department [2013] UKSC 72, the Upper Tribunal sought re-emphasis on the limited protection afforded by reliance on private life, where there aren't issues concerning an individual's moral and physical integrity. The only relevance of an argument that an appellant had not been committing criminal offences or not had relied on public funds was to preclude the Secretary of State from pointing to any public interest justifying removal, over and above the basic importance of maintaining a firm and coherent system of immigration control.
To read the judgment, click here.

Kareem (Proxy marriages - EU law) Nigeria [2014] UKUT 24 (IAC)
16 January 2014

A document which calls itself a marriage certificate will not raise a presumption of the marriage it purports to record unless it has been issued by an authority with legal power to create or confirm the facts it attests. If the marriage certificate is not in English, a certified translation of the marriage certificate will be required. In appeals where there is no such marriage certificate or where there is doubt that a marriage certificate has been issued by a competent authority, then the marital relationship may be proved by other evidence. This will require the Tribunal to determine whether a marriage was contracted. It should be assumed that, without independent and reliable evidence about the recognition of the marriage under the laws of the EEA country and/or the country where the marriage took place, the Tribunal is likely to be unable to find that sufficient evidence has been provided to discharge the burden of proof.
To read the judgment, click here.

Reyes [2014] EUECJ C-423/12
16 January 2014

Article 2(2) (c) of Directive 2004/38/EC should be interpreted as meaning that a Member State cannot require a direct descendant who is 21 years old or older, to show that they have previously tried unsuccessfully to obtain employment or to obtain subsistence support in their country of origin, in order to be regarded as dependent upon a Union Citizen living in a Member State.
To read the judgment, click here.

Immigration Law Courses and Training

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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