Immigration Law Bulletin – Issue 357 – 3 February 2014

Monday 3 February 2014

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Immigration Law News

The Home Secretary published a proposed amendment to the Immigration Bill passing through Parliament whereby she will be able to deprive a person of British citizenship acquired by naturalisation even if by doing so she will render the person stateless. She will be able to use that power if the person 'has conducted him or herself in a manner which is seriously prejudicial to the vital interests' of the UK. To read more, click here.

Immigration Law Cases

IA v The Secretary of State for the Home Department (Scotland) [2014] UKSC 6 (29 January 2014)
Lord Kerr for the Supreme Court found that recognition of refugee status by UNHCR does not create a presumption or shift the burden of proof and nor is it a starting point for subsequent consideration of a case, but nevertheless a national decision maker should have considerable pause before departing from UNHCR's view, and as to credibility, only where there was information independent of the asylum seeker themselves. For the judgment, click here.

S, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 50 (Admin) (28 January 2014)
Sir Anthony Thornton QC sitting as a Deputy High Court judge in the Administrative Court found that those responsible for the claimant's detention and for his assessment, treatment and illness management in detention were in breach of his rights that were protected by Articles 3 and 8 of the ECHR. For the judgment, click here.

Das, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 45 (28 January 2014)
Beatson LJ in the Court of Appeal summed up the Secretary of State's mental health policy as one which seeks to ensure that account is taken of the health of the individuals affected and (save in very exceptional circumstances) to prevent the detention of those who, because of a serious mental illness are not fit to be detained because their illness cannot be satisfactorily managed in detention. The policy is in principle capable of applying to anyone with a "mental disorder" within the definition in the Mental Health Act 1983 as amended by the Mental Health Act 2007, but that alone does not suffice, for the effects of the illness on the particular individual, the effect of detention on him or her, and on the way that person's illness would be managed if detained must also be considered. Whether mental illness can be "satisfactorily managed" in detention may depend on the duration of detention contemplated. Where it is clear that there is only to be a very short time of detention before removal, there may well be no significant difference to the patient's condition during that short period. It was wrong to think that the policy operated only at the level of requiring in-patient medical attention or being liable to be sectioned under the Mental Health Act 1983, or a mental condition of a character such that there is a real risk that detention could reduce" a person to that state. For the judgment, click here.

Aboubacar Diakité v Commissaire général aux réfugiés et aux apatrides Case C-285/12
The CJEU construed Article 15(c) of the Qualification Directive and found that an armed conflict exists if a State's armed forces confront one or more armed groups or if two or more armed groups confront each other: it is not necessary for any such conflict to be categorised as 'armed conflict not of an international character' under international humanitarian law; nor is it necessary to carry out, in addition to an appraisal of the level of violence present in the territory concerned, a separate assessment of the intensity of the armed confrontations, the level of organisation of the armed forces involved or the duration of the conflict.

Mohammed, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 98 (Admin) (27 January 2014)
Lewis J found that there was no evidence, vis-á-vis legacy cases, of "a practice that was so unambiguous, so widespread, so well-established and well-recognised" as to involve a commitment that particular categories of cases would always be granted indefinite leave to remain and that only in certain, narrowly prescribed cases would discretionary leave be granted, such as to found a legitimate expectation to such effect. For the judgment, click here.

Immigration Law Events

Nationality Law is Fun
Tuesday 4 February 2014, 16:00, London
CPD Hours: 3
Alison Harvey of ILPA and Adrian Berry of Garden Court Chambers present one of her their incomparable courses on Nationality law. For more information, click here.

OISC Level 3 Accreditation
Monday 10 February to Thursday 13 February, 10:00 to 17:00, London
CPD Hours: 24
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.

Public Access Training
Tuesday 18 February, 09:30 to 18:30, London
CPD Hours: 12
HJT runs its course on public access for the Bar covering all aspects of the subject that the Bar Council and BSB require that practitioners are familiar with. 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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