News The UN Refugee Agency (UNHCR) has advised governments not to forcibly return people to the Central African Republic (CAR). The return advisory, issued on 25 April, stresses that given the current circumstances, many people fleeing CAR are likely to meet the 1951 Convention criteria for refugee status. European law enforcement bodies and members of […]
Employment news Queen’s speech: the rate of change slackens – temporarily Certain employment-related measures were announced in the Queen’s Speech. In particular, a Deregulation Bill will repeal the Tribunal’s power to make recommendations in discrimination claims, and Immigration Bill will increase penalties for employers who employ workers lacking immigration status. After a period when the […]
Special NoticeFor daily housing law news and updates follow the Editor of this Bulletin (Jan Luba QC) on Twitter @JanLubaQC. Housing Law News New programme of legislation: the UK Government’s programme for legislation for the coming year was set out in the Queen’s Speech on 8 May 2013. New measures include the Anti-Social Behaviour, Crime […]
News The Crime and Courts Act 2013 (Commencement No. 1 and Transitional and Saving Provision) Order 2013The first commencement order made under the Crime and Courts Act 2013 makes amendments to the immigration appeals provisions in the Nationality, Immigration and Asylum Act 2002 and, in response to Secretary of State for the Home Department v […]
Immigration Law Cases Asmeron v R [2013] EWCA Crim 435 (11 April 2013)In quashing the conviction of an Eritrean asylum seeker under 2004 Act, s. 2 – for entering into the UK without a passport – the CA criticized the trial judge for ruling prior to hearing evidence that he had no defence to the […]
David received the papers three years after the conviction and advised that there were six arguable grounds of appeal.
Marc Willers attended the 6th EU Fundamental Rights Platform meeting in Vienna on 24th -26th April on behalf of Garden Court Chambers.
Henry Blaxland QC, Rajiv Menon QC and Hossein Zahir appeared for defendants doing acts in preparation of terrorism.
Smita Shah has recently organised and run a workshop Securing Freedom of Expression through UN Human Rights Mechanisms, as a part of the Price Media Law Moot Court at Oxford University, where she had been asked to participate as a panel judge.
Employment news Employee Shareholder Status: a right to advice concededThe Growth and Infrastructure Act 2013 has now received Royal Assent. Section 25 of the Act provides for the introduction of a new employment status of "employee shareholder". Employees in this category will be excluded from various rights including ordinary unfair dismissal rights, the right to […]
Immigration News 26 April 2013 The Home Office announced that they are removing the full right of appeal for applicants refused leave to enter the UK as a family visitor. The change is expected to come into force on or soon after 25 June. The new appeal arrangements will apply to anybody who applies to […]
**** STOP PRESS: in a new departure, the Editor of this Bulletin (Jan Luba QC) has entered the twittersphere as @JanLubaQC. Follow him for daily housing law updates. **** Housing Law News Enforcing housing standards: in the private rented sector this task falls to local environmental health practitioners. The Chartered Institute of Environmental Health (CIEH) […]
Dart had pleaded guilty to preparing to commit an intended act of terrorism, contrary to s. 5 of the Terrorism Act 2006.
This week's issue of The Voice features an extended article about Garden Court human rights barrister Leslie Thomas
Immigration News A new UKBA policy on trafficking emerged following successful judicial review proceedings, finding that where the UK Competent Authority has conclusively identified the applicant as a victim of trafficking and the personal circumstances of the case are so compelling that a grant of leave is considered appropriate, or where the individual is cooperating […]
The proceedings concerned a decision to remove Ms N's entitlement to Incapacity Benefit after she scored insufficient points under the Personal Capability Assessment (‘PCA’) test. Permission to Appeal was granted.
Housing Law News Regulating letting agents and managing agents: on 16 April 2013 the House of Commons accepted Government amendments to the Enterprise and Regulatory Reform Bill designed to give the Secretary of State power to make an order requiring letting and managing agents, of privately rented and residential leasehold homes in England, to belong […]
Employment case law Europe Disability Discrimination | Reasonable Adjustment Ring v Dansk almennyttigt Boligselskab DAB; Skouboe Werge v Dansk Arbejdsgiverforening C-335/11, C-337/11 ECJThe European Court of Justice (ECJ) has confirmed that a reduction in working hours can be regarded as a reasonable adjustment for disabled workers where the reduction makes it possible for the worker […]
Housing Law News Housing Benefit reductions from today: in four London Boroughs (Bromley, Croydon, Enfield and Haringey) the overall benefit cap will apply from today (15 April 2013) and will be achieved by reducing housing benefit where that is necessary to keep household income within the cap of £500pw (couples and single parents) or £350 […]
Immigration News The Ministry of Justice has announced a new consultation regarding further reform to legal aid provision. The proposals include a residence test for civil legal aid claimants; reforms to reduce the use of legal aid to fund ‘weak’ judicial reviews; significant reductions in fee rates for judicial review; amendments to the civil merits […]
