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European Rights of Free Movement
EEA law for refugees and asylym seekers
Half day 1pm - 5pm
CPD: 3.5 Hours
Level: Intermediate/LSC/OISC Levels 1 & 2
Trainer: Adrian Berry
5 November 08 - 8ER0511 - London
12 February 09 - 9ER1202 - London
3 April 09 - 9ER0304 - London
Practitioners advising in the field of asylum, human rights, and asylum support law can simply no longer afford to be unaware of EC law given that this now forms an essential part of British law.
What will this course will do for you?
The course is delivered by a leading barrister from Garden Court Chambers who specialises in EC law. Specifically it is designed to:
- explain both EC and domestic law in this area;
- assist practitioners to interpret British law by reference to EC Directives and Regulations;
- flag up potential legal challenges where domestic provisions fall short of EC requirements;
- explain EC enforcement mechanisms and how these can be employed by practitioners on behalf of their clients.
Course content:
- grants of Asylum and Humanitarian Protection under the Refugee Qualification Directive (2004/83/EC). In particular Article 15 of the Directive on Subsidiary Protection relating to indiscriminate violence encountered in countries like Iraq and Somalia following KH (Article 15(c) Qualification Directive) Iraq CG [2008] UKAIT 00023 and subsequent developments;
- asylum support: the EC 'Reception' Directive (2003/9/EC) dealing with reception conditions and asylum support for asylum seekers;
- ' Dublin ' Third Country Removals: the EC Regulation (343/2003) on the criteria for removing asylum seekers to other EC states and how to resist removal;
- new Common Asylum Procedures: the EC Directive (2005/85/EC) on the protection afforded by common asylum procedures for granting and withdrawing Refugee Status;
- temporary protection: the EC Directive' (2001/55/EC) on the minimum standards for giving temporary protection in the event of a mass influx;
- regulations, statute and Immigration Rules and policy: show where the EC Regulations and Directives have been enacted in UK law;
- enforcement mechanisms and EC General Principles: outline the ways in which the tools of EC law can deliver practical results for clients.
The course is aimed at all practitioners including immigration and asylum solicitors and advisors as well as social welfare advisors.
EEA Law including the 2006
Citizen's Directive
One day 10am - 5pm
CPD: 5.5 hours
Level: Intermediate/LSC/OISC Levels 1 & 2
Trainer: Adrian Berry, Maya Naidoo
11 September 08 - 8EA1109 - London
3 December 08 - 8EA0312 - London
3 March 09 - 9EA0303 - London
Course content
The course will look in detail at European Community law, UK domestic
regulations and the immigration rules which apply to citizens of
EU member states and their families. The new Citizen's Directive
and Immigration (EEA) Regulations 2006 will be discussed. In particular,
it will examine:
- the range of people who benefit from EC law ('qualified persons')
- the position of family members of EEA nationals
- the new Citizen's Directive: what stays the same and what changes
- rights to reside arising out of European Court of Justice case law and domestic courts
- filling in forms for EC residence documents
- rights of admission, rights to EC documents and withdrawal of EC rights
- appeal rights.
Objectives
At the conclusion of the course participants will have thoroughly reviewed UK law and practice in relation to EEA nationals and others, and good indicators will be given on how to deal with a range of cases of differing complexity.
The course is intended to assist solicitors and other advisers who encounter issues of EEA law and policy in relation to their immigration caseloads. Primarily intended as a general introduction to the area, it will also touch upon recent developments in law and policy which will be of benefit to more experienced case workers.
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