Immigration Law Bulletin - Issue 360 - 25 February 2014

Tuesday 25 February 2014

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Immigration Law News

The Government announced last week that from March 2014, EU citizens will need to be earning at least £150 per week to qualify as a 'worker'. To read more, click here.

The Home Office has published the fourth in a series of reports that explore migrants' journeys through the UK's immigration system. To read more, click here.

The Government has published a response to the first report, from the joint parliamentary committee on human rights, on unaccompanied migrant children and young people. To read more, click here.

Immigration Law Cases

EM (Eritrea), R (on the application of) v Secretary of State for the Home Department [2014] UKSC 12
19 February 2014

The Supreme Court held that the Court of Appeal's conclusion that only systemic deficiencies in a EU member state's asylum procedures and reception conditions, will constitute a basis for resisting transfer to that country under the Dublin II Regulation, could not be upheld. As per Soering v United Kingdom (1989) 11 EHRR 439, the test was whether the removal of a person from a member state of the Council of Europe to another country is contrary to the European Convention on Human Rights. The ECJ in NS (European Union law) [2011] EUECJ C-411/10 had identified only that there were systemic deficiencies present in the asylum procedures and reception conditions in Greece, they were not setting out a particular test for the consideration of Article 3 ECHR in Dublin II Regulation removal cases. To read the full judgment, click here.

MD (same-sex oriented males: risk) India CG [2014] UKUT 65 (IAC)
12 February 2014

New Indian country guidance. Section 377 of the Indian Penal Code criminalises same-sex sexual activity; however prosecutions for consensual sexual acts between males under the section are extremely rare. Persons who are, or are perceived to be, same-sex oriented males suffer ill treatment, extortion, harassment and discrimination from the police and the general populace; however, the prevalence of such incidents is not such, that there can be said in general to be a real risk of an openly same-sex oriented male suffering treatment which is persecutory or which would otherwise reach the threshold required for protection under the Refugee Convention, Article 15(b) of the Qualification Directive, or Article 3 ECHR. Where a person can show a risk in their home area, it would not, in general, be unreasonable or unduly harsh for an open same-sex oriented male, to relocate internally to a major city within India, where there is a large, robust and accessible LGBTI activist and support network. To read the full judgment, click here.

Immigration Law Training

Dublin III - A New era in Third Country Litigation
ILPA Thursday 27 February 2014, 16:00 to 19:15, London
CPD Hours: 3
Garden Court's Mark Symes and Greg O Ceallaigh, along with David Chirico, explain how domestic and European Union law works in these cases and by its end the practitioner will be able to advise clients on their liability to removal and any remedies against such government action.
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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