Human Rights Update plus The Impact of abolition of Immigration rule 395C

CPD 3

Keelin McCarthy is a barrister at Mitre House Chambers specialising in human rights, asylum, immigration and public law, and has been involved in a number of important challenges in the tribunals and higher courts. Prior to becoming a barrister Keelin worked in the field of human rights and international development.

This course, previously rated “excellent” by participants, is designed to highlight the human rights law developments most relevant to immigration practice.

Topics to be covered include:

• The extra-territorial application of the ECHR and meaning of “jurisdiction” following landmark ruling in Al-Skeini and Others v United Kingdom.

• Update on treatment engaging Article 3, including latest medical cases and Dublin Convention removals following MSS v Belgium.

• Article 4 and human trafficking, including Rantsev v Cyprus and the positive obligation to investigate.

• Unlawful detention and Article 5 following Walumba Lumba and Shepherd Kambadzi.

• Article 6 and meaning of “determination of civil rights” in context of immigration hearings.

• Latest case law on when Article 8 family and private life are arguably engaged, developments on the best interests of children affected by removal decisions, the status of Article 8 “near-miss” arguments under the Points Based System, update on damages for breach .

• Article 8 in context of Article 12 right to marry, including same-sex relationships, and Quila v SSHD.

• Freedom of expression under Article 10 and exclusion from the UK.

• Article 14 discrimination in enjoyment of rights and freedoms protected under Convention.

• Relevance to immigration cases of Protocol 1 of Article 1 and right to peaceful enjoyment of possessions.

Guest Speaker will cover:

The abolition of rule 395C means that human rights arguments may be the only barrier against removal for people facing expulsion from the United Kingdom and practitioners wishing to do their best for their clients must be thoroughly on top of the latest arguments.

Now the Court of Justice has ruled that the United Kingdom has no effective opt-out from EU Charter rights:

• How can they be used in immigration appeals?
• What are the latest arguments on family life, and the best interests of children.
• What arguments are available to resist third country removals to Italy, Cyprus, and Malta at present?
• When can property rights help migrants obtain entry clearance or to assert a case against the Home Office?

(special price ends a week before the course commencement, all courses are subject to VAT)