Training

DT 1416 The implications of Alvi and Munir

This course will examine where the judgments in Alvi and Munir can benefit clients and the limitations of their effect. It will move from the constitutional law implications of the judgments and related questions of legitimate expectation and retrospectivity through an examination of the recent rules changes transposing guidance into rules.  How effective were Statements of Changes Cm 8423 and HC 565 and do problems remain? It will examine practical questions of how and when Alvi  can be used to challenge refusalsand how to use the UK Border Agency’s guidance on Alvi .

 

Ronan Toal was one of the counsel in the Pankina case in which the groundwork for Alvi was done. Jonathan's recent training for ILPA has received excellent feedback including "Best training session, very intensive, informative and useful"

Event details

Date(s):26 November 2012
Start Time:16.00
End Time:18.00
CPD Hours:2
Location:London
Level:Intermediate
Main area:Immigration;Business Immigration - individuals;Business Immigration - companies;Judicial Review;Removal/deportation
Aim of course:At the end of the session delegates will achieve:
  • understanding of the legal structure of immigration control
  • understanding of the Alvi and Munir judgments, including what requirements should be put in the Immigration Rules and what can be put in guidance
  • how to work out what are the lawful requirements and conditions for a category
  • understanding of how and when Alvi can be used to challenge refusals 

Topics:

1. CONSTITUTIONAL LAW IMPLICATIONS:


 


  • -Background of legal structure of immigration control and the status of the Immigration Rules  
  • -What is a Rule? What can only be imposed by the Rules, and what can be put in guidance?
  • -Are there any areas where mandatory requirements remain only in guidance?
  •  -An important aside: What can a migrant expect?: Odelola, legitimate expectation and retrospectivity

 


2. PRACTICAL IMPLICATIONS:



  • -UKBA guidance: the different types of guidance, where to find them, how they are changed
  • -The recent rules changes to transpose the guidance: Cm8423 and HC565: how effective were they and do any discrepancies/problems remain?
  • -How do you now find the eligibility criteria and conditions for a category? - reading the rules as against the guidance carefully, - what is the position where the guidance is more generous than the Rules?
  • -Where Alvi can help and where it cannot, including the UKBA’s guidance on Alvi challenges

Tutor details:Jonathan Kingham, Solicitor, Lexis Nexis and Ronan Toal, Garden Court Chambers
Tutor biographies:Jonathan Kingham, Solicitor, Lexis Nexis and Ronan Toal, Garden Court Chambers

Jonathan is a solicitor and Professional Support Lawyer, who writes and develops the online practical guidance product LexisPSL Immigration. He specialises in UK immigration and EU free movement law. Jonathan is a member of the European Commission’s network of experts on the free movement of workers in the EU. He trains for the Immigration Law Practitioners' Association, and was a contributor to the JCWI’s Guide to the Points-Based System (2011). Jonathan was previously an Associate at Kingsley Napley LLP.

 Ronan Toal is a barrister at Garden Court Chambers who specialises in immigration law.  He is editor (with Ian Macdonald QC) of Macdonald’s Immigration Law and Practice

PriceConcessionary Training Prices: £40
Member Training Prices: £80
Non Member Training Prices: £160

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