HIGH COURT Right to legal representation G, R (on the application of) v X School & Anor [2009] EWHC 504 (Admin)Given the gravity of the allegations made against the Claimant teacher (sexual impropriety with a person under 18 and abuse of position of trust), taken together with the very serious impact upon his future working […]
News The Council of Europe Convention Against Trafficking in Human Beings took effect from 1 April 2009, creating minimum legal rights for victims. Of special interest to immigration lawyers is Article 10(1) addressing "Identification of the victims", which mandates that signatories shall staff provide its decision-making authorities with persons who are trained and qualified in […]
The Latest Housing Law News The Right to Housing: on 23 March 2009 the Ministry of Justice published a Green Paper containing proposals for a new Rights and Responsibilities Act. The paper re-states the Government’s belief that "…everyone should have access to a decent home at a price they can afford" (para 3.55). But the […]
News The UKBA has brought into force the Tier 4 (General) student programme for student applying on or after 31 March 2009. The new immigration rules can be found at paragraphs 245ZT – 245ZZD. New applicants must apply using the new Tier 4 (General) application forms and with reference to the new guidance. More than […]
An inquest jury sitting before HM Coroner for West Yorkshire, David Hinchliff, today concluded that a catalogue of serious failings at HMP Leeds caused or contributed to the death of 25 year old remand prisoner Mohammed Mudhir who was found hanged in the
The Latest Housing Law News Tolerated Trespassers: with only two weeks to go until the anticipated commencement of the new arrangements for tolerated trespassers (expected on 6 April 2009), the Government has announced that the changes are likely to be delayed. In an unpublished letter sent on 18 March 2009 to Chief Housing Officers in […]
EUROPEAN COURT OF JUSTICE The Incorporated Trustees of the National Council on Ageing (Age Concern England) v UK Case C 388/07A retirement age of 65 under Regulation 30 of the Employment Equality (Age) Regulations 2006 is capable of being justified. Further, the fact that Regulation 3, does not contain a precise list of the aims […]
News The UKBA is proposing changes in the rules for ‘marriage visas’ (also covers civil partners etc) – in particular: by requiring those seeking such entry clearance to enter into an agreement to learn English as part of the visa application process and, once they have arrived in the UK, to show that they have […]
In anticipation of the 20th anniversary of the adoption of the UN Convention on the Rights of the Child, Garden Court Chambers is hosting an all-day conference
A mentally vulnerable man who had been convicted and sent to prison by magistrates despite the magistrates' court having been made aware of the fact that he was unfit to plead had his conviction quashed by the Divisional Court in an application for judici
The Latest Housing Law News Rent increases in social housing: tenants of social housing may be forgiven for being confused about the increased rents payable under their tenancies from April this year. Both the Government and the Tenant Services Authority have recently reminded councils and housing associations respectively that there is no expectation that they […]
News The UK Border Agency has announced two further changes to the points based section of the Immigration Rules, to come into effect on the 31st March. The changes will introduce a new Tier 4 route for students as well as changing the academic and financial requirements of the Tier 1 (General) category for highly […]
will be held on the 28th of March 2009, at Garden Court Chambers
NEWS Refugee and Migrant Justice (formerly refugee legal centre) published a report "Does every child matter" finds that asylum seeking children are regularly locked up and left without adult support. The report identifies that asylum seeking children face a hostile legal process and that the government breaches its own code of conduct with respect to […]
The Latest Housing Law News Changing the "eligibility" rules: as indicated in last week’s Bulletin, section 314 of the Housing & Regeneration Act 2008 was brought into force on 2 March 2009. That section introduced changes to homelessness and housing allocation law – for applications made on or after 2 March 2009 – bringing a […]
This morning the House of Lords handed-down a landmark judgment on the way social housing is distributed
COURT OF APPEAL Constructive dismissal Woodhouse School v Webster [2009] EWCA Civ 91If the Tribunal interprets evidence differently from that contended for by either side, it is normally good practice for the Tribunal to raise that with the parties in case they wish to consider calling further evidence or making further submissions. In the present […]
The Latest Housing Law News Mending Housing Law: today (2 March 2009) is expected to be the commencement date in England for section 314 of the Housing & Regeneration Act 2008. That section introduces changes to homelessness and housing allocation law designed to replace the provisions of Housing Act 1996 section 185(4) which were declared […]
News New fees for immigration and nationality applications were announced from 6 April 2009: eg £720 for naturalisation. Cases In GS (Existence of internal armed conflict) Afghanistan CG [2009] UKAIT 00010 (24 February 2009) the Secretary of State conceded that Afghanistan is in a state of internal armed conflict. In Elgafaji v Staatssecretaris van Justice […]
News The UK Border Agency has announced 10 wide-ranging pledges for 2009. (1) In March 2009 it plans to open a new immigration removal centre to help remove immigration offenders, Brook House, located near Gatwick in south-east England. (2) In April 2009 the target is to maximise use or the points-based system "to ensure that […]
