Bashar H. Malkawi, Come and Go How Temporary Visa Works under US Bilateral Trade Agreements with Arab Countries

Book Reviews

societal diversification on legal systems, rights as a vehicle for liberation, most chapters
offering a critical analysis of how law and legal either deal with case studies of particular issues
practice respond to the challenges brought in Great Britain, the United States or Canada
about by international migration and or base their more general conclusions on
globalisation. The chapters are based on examples or case law from these geographical
papers presented at a conference as part of the regions. Reflections on the Shari’a Law debate
IMISCOE Network on Excellence for are offered by Bader and Shah for Canada and
International Migration, Integration and Britain respectively. Bakht deals with niqab in
Social Cohesion which was hosted at the Law British court rooms whilst Woodman looks
School of Queen Mary University, London, more broadly at the English legal culture and
in July 2007. the challenges posed by African customary law.
Again for Canada, this time in Québec,
Cultural diversity in legal practice is of Gaudreault-DesBiens gives a sociological
increasing importance, which makes this account of the ‘reasonable accommodation’
book especially topical and valuable for debate and Renteln relies mostly on US case
scholars, students and theorists as well as for law to draw her more general conclusions on
practitioners, policy makers and those who the influence of culture on the determination
administer the application of law. The crucial of damages. Two chapters by Sandberg and
role to be played by well-informed academic Knights analyse the position particularly of
discussion in this field has become evident in religious minorities in English law and the role
the light of the fiery reactions of the general of Article 9 ECHR in the domestic context.
public to the speech of the Archbishop of Continental European thought in this book
Canterbury, Rowan Williams, on Civil and comes foremost from France in connection
Religious Law in England.1 The need to with the headscarf affair, (l’affaire du foulard) by
respond in this publication to the general de Galembert and the respective positions of
Shari’a debate in Europe and North America Jews and Muslims in France by Cohen. There
is also expressed through the fact that the is also a worthwhile contribution by Hoekema
editors chose to open the introductory on the Dutch judiciary and the question of
chapter with a quote from the Archbishop of whether it pluralises domestic law. Among
Canterbury’s speech. Furthermore, although those essays with a broader scope, Rohe’s
presumably prepared before Rowan account of Shari’a in a European context deals
William’s speech, which was on 7 February with a wealth of examples from various
2008, about one third of the authors inserted jurisdictions. Menski in turn reminds us that
some reference to this text. diversity is not an exclusively ‘Western’, post-
war phenomenon. His chapter on Indian
The selection of contributions is telling. secular pluralism is the only one focusing on a
It illustrates that the current discourse on non-Western example of legal management of
accommodation of minority legal practices is religious and cultural diversity. Menski seeks
at least considerably influenced, if not to learn lessons from India’s long-standing
dominated, by Anglo-American politics and multiculturalism which, as he argues, can be
scholars. Apart from the introductory chapters of relevance to Europe.
by the editors and the closing chapter by
Ballard, which critically reflects on human An interesting but at the same time
arguably problematic fact to be observed is
1 R Williams ‘Civil and Religious Law in England: A the dominant focus of many chapters on
Religious Perspective’. Speech at the Royal Courts of issues regarding Islamic law or Muslim
Justice, 7 February 2008. Available at: http:// minorities. Writing in the context of cultural
www.archbishopofcanterbury.org/1575 [accessed 25 diversity, the editors of the book are
February 2010] themselves clearly aware of the potential

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Immigration, Asylum and Nationality Law, Vol 24, No 2, 2010

danger of stigmatising Muslim communities burqa,2 and offers necessary alternative
and Muslim legal practices as inherently perspectives in a discourse that at times seems
problematic when they say that ‘[a]lthough hijacked by one dominant voice.
several contributors are concerned with the
challenges to legal systems which come from Another overarching theme of the
recent Muslim immigrant presence in Europe contributions to the book is the importance of
and North America, it is important to considering the close connection between law,
remember that not all immigrant and political power and societal context when
minority ethnic settlers of immigrant examining legal practice, the making of law
background are Muslim’ (p 4). This is an and its application in culturally diverse places.
important point to make given that such As a whole the various chapters manage very
caveats are often overlooked. well to capture and communicate the fact that
law, including supposedly universal human
The primary concern of many chapters rights law, is a social and cultural construct that
is the question of accommodation, and here depends to a large extent on its domestic
especially of Shari’a law principles, in interpretation. In her contribution on Article
domestic legal systems. They ask the question 9 and the public career of the veil in France,
as to what extent legal systems can or should de Galembert most explicitly reminds the
take into account these legal principles. The reader of the present asymmetry of resources
stated aim of this collection of papers is to – like the mastery of the media and public
document and explore various modes of discourse, legal competence and proximity to
accommodation from the perspective of the political-administrative world – which are
social sciences. The reader nevertheless comes available to key actors in the quest for
across normative arguments in favour of, or accommodation.
against, a particular model of accommoda-
tion. These normative stances, as long as they In summary, this book raises topical and
are clearly distinguishable from scientific important issues about the future of legal
analysis – and they are – are of great interest practice in societies which are increasingly
and informative value. Moreover, the diverse both in culture and religion. The editors
advantage of this book is that it proposes deserve credit for the thoughtful arrangement
concrete models of accommodation in a of essays, the intended aim of which is to
detailed manner. This is not to say that a document and explore a wide range of aspects
particular model is being favoured or from the perspective of social sciences. It is
advocated by the editors. evident that normative theory influences each
contribution. This is not necessarily a bad thing
Having said that the central concern lies as it exposes the reader to the key normative
with the issue of accommodation, one of the positions in the scholarly debate on the
beauties of the book is that it introduces accommodation of minority legal practices.
challenging and compelling new arguments Beyond that, many opinions and arguments on
to the debate about cultural diversity in legal contentious topics relating to cultural diversity
practice. Many chapters force the reader to presented in this book challenge dearly held
rethink preconditioned perceptions of certain convictions and presumptions and thus offer
contentious areas to do with cultural and welcome food for thought.
religious diversity management. For example
in her discussion of the wearing of niqab in Lisa Pilgram
court rooms, Bakht finds that ‘there are very University of Edinburgh
few instances that would make it necessitous
to see a woman’s face’ (pp 131–2). This 2 ‘France moves toward partial burqa ban’, CNN World,
contrasts with the recent controversial 26 January 2010. Available at: http://www.cnn.com/
proposal in France for a partial ban of the 2010/WORLD/europe/01/26/france.burqa.ban/index.
html [accessed 25 February 2010]

210

Book Reviews

Conscientious Objection: Resisting this edited volume is most apparent, as it
Militarized Society brings together conscientious objectors,
Özgür Heval Çınar and Co¸skun Üsterci activists and scholars from various disciplines
(eds) to examine and dissect CO in all its aspects in
London: Zed Books Ltd, 2009 Turkey and elsewhere in the world.
ISBN: 9781848132788 (pb) Conscientious Objection: Resisting Militarized
ISBN: 9781848132771 (hb) Society is the product of the International
268 pp Conference on Conscientious Objection held
£19.99 (pb) at ˙Istanbul Bilgi University on 27–28 January
£75 (hb) 2007, the first of its kind in Turkey, with the
participation of prominent scholars and
In Turkey, various highly sensitive issues have activists from within the CO movement. The
been taboo for most of its 80 year long highly insightful contributions were first
history. The Kurdish question was a published in Turkish by leti im publishers
forbidden subject until very recently and in 2008 as Çarklardaki Kum: Vicdani Red –
discussion of the Armenian genocide remains Dü ünsel Kaynaklar ve Deneyimler (Sand in
prohibited. Attempts to shed light on these the Wheels: Conscientious Objection –
issues have been severely punished by law and Philosophical Sources and Experiences). This
the Turkish state’s various ideological and volume made a significant impact in Turkey
coercive apparatuses have ensured for decades as it was the first scholarly book on the topic.
that these issues remain hidden from public The current volume is an extended
debate. One of these issues, perhaps the most translation and makes an important
potent, is that of conscientious objection contribution to the body of knowledge in this
(CO). Although conscientious objectors are a field.
rare species in Turkey, a country where ‘the
very thought of conscientious objection to This engaging and innovative volume
military service remains a distinctly marginal encompasses four different bodies of
idea’ (p 85), the CO movement challenges knowledge. The first section examines the
and deconstructs the fundamentals of the historical and philosophical aspects of CO as a
Kemalist-patriarchal-militarist-nationalist resistance to compulsory military service and
hegemony that has dominated Turkey since militarism. Here the history of CO is
its establishment. Conscientious objectors eloquently traced back to Roman times and
question the very basis of the Turkish the different chapters provide chronological
nationalist myth of the ‘military-nation’ examples as well as historical and sociological
(asker-ulus) that constructs militarism and insights into the different social, political and
military service ‘as an immutable economical transformations that motivated
characteristic of the Turkish “race”’, and a various individuals to resist military
virtue of Turkish culture carried with pride: conscription. The prominent historian Erik
‘every Turk is born a soldier’ (p 89). Jan Zürcher, for example, looks at desertion
Accordingly, like other counter-hegemonic in the Ottoman Empire while the chapters of
movements in Turkey, the voice of Suavi Aydın and Ulrich Bröckling discuss the
conscientious objectors ‘has been frequently role of conscription in the construction of
marginalized and sometimes brutally modern nations and citizenship in Europe.
repressed’, yet ‘conscientious objectors have
nevertheless managed to establish a The second section cogently brings
remarkable discourse of dissent’ (p 61). together Feminist, LGBT and queer
perspectives on CO as a struggle against and
It is in this regard that the importance of deconstruction of militarism, patriarchy,
sexism and heterosexism. The chapters by
various scholars, such as Cynthia Enloe and

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Immigration, Asylum and Nationality Law, Vol 24, No 2, 2010

Ay¸se Gül Altınay, discuss the important role sexism and discrimination, relationships
of women in resisting militarism and warn with Greece, the Cyprus issue, and
against the trappings of patriarchy, especially the ongoing war resulting
nationalism and hegemonic notions of from the Kurdish problem’ (p 169).
masculinity. In his interesting chapter, Alp
Biricik discusses the constructions of The final section of the volume concentrates
hegemonic masculinity in military medicine on CO in international as well as national law
and institutions in Turkey. Biricik, for with an emphasis on the situation in Turkey.
example, informs us that if a candidate to Chapters in this part make it clear that
military conscription has declared his conscientious objection, including that of
homosexuality, he is then faced with various professional soldiers, is recognized by most
mental and intimate physical examinations international bodies. The chapters of Özgür
and also has to provide photographic Heval Çınar, Rachel Brett, Friedhelm
evidence taken during sexual intercourse in Schneider and Kevin Boyle provide an
order to prove his sexuality (p 113). overview of the various resolutions and
recommendations of international
Section three of the volume organizations, such as the UN and the EU, as
concentrates on the different case studies of well as examples from various countries and
CO movements and their experiences across their legal approaches to CO. Kevin Boyle’s
the world, ranging from the Americas to engaging chapter concentrates on the case of
Europe, Africa and the Middle East, each Osman Murat Ülke v Turkey, where the
country being discussed in its own political European Court of Human Rights found
context. In South Africa, for example, Turkey in breach of international law for its
conscription was the main basis for treatment of Ülke and asked it to modify its
maintaining the militarist system of apartheid, laws. Boyle points out that this important
as only white men were obliged to undertake ruling has ‘indirectly advanced the full
military service (p 124). Chile, according to recognition of the legitimacy of the exception
Pelao Carvallo, is a highly militarized country to any general conscription law for military
and the influence of the militarism of the service for those who have an ethical,
Pinochet era remains strong, where the religious or philosophical conviction against
military is highly powerful and economically undertaking military service’ (p.221). The
autonomous (pp 145–146). The different case two final chapters of this section are
studies lay bare the difficulties faced by the specifically concerned with the case of
CO movements in their struggle to Turkey, which does not recognize
demilitarize their respective societies. conscientious objection and has a law
However, the various movements often banning practices of ‘alienating the public
consider their struggles to be not only against from military service’, and the authors
militarism but as a fundamental part of the persuasively elaborate on the various legal,
struggle for democracy and against all kinds of historical and social aspects of CO in Turkey.
injustice. For example, the activist Cos¸kun
Üsterci and objector Ug˘ur Yorulmaz point This important collection successfully
out in their chapter that the ˙Izmir War sheds light on the various aspects of the
Resisters’ Association in Turkey (I˙zmir Sava¸s inceasingly important issue of conscientious
Kar¸sıtları Derneg˘i – ˙ISKD) is not only objection and will become one of the primary
concerned with the issue of conscientious sources to consult for anyone interested in
objection but also: this subject.

‘the democratization of the country, Welat Zeydanlıog˘lu
human rights, the environment, racism, Open University, UK

212

Book Reviews

Citizenship law in Africa: A Africa provides fertile ground for a study
comparative study of the challenges that all nationality laws must
Bronwen Manby face. The civil law systems of, inter alia,
New York: Open Society Institute and France and Portugal have influenced the
AfriMAP, 2009 countries previously under their rule, while
ISBN: 978-1-891385-99-5 (English) former British colonies have drawn part of
ISBN: 978-1-936133-00-0 (French) their models from the civil law tradition. The
x + 109pp citizenship laws have had to address State
Also available online at succession, both on independence from
www.afrimap.org/english/images/report/ colonial rule and subsequently. Arbitrary
OSI-Citizenship-Law-in%20Africa-full.pdf borders, cross-border movements including
of refugees, independence struggles, conflicts
Many readers of this journal, tempted by the and political instability provide the context
review in the previous edition ((2010)Vol 24 for understanding the very real consequences
No 1) to read Bronwen Manby’s Struggles for of nationality laws. As in many other parts of
Citizenship in Africa, may be interested in this the world, the changing status of women has
companion volume. Where Struggles for not only affected the nationality laws dealing
Citizenship provided a series of case studies, with marriage and but has also been a factor in
Citizenship Law in Africa provides a detailed shaping changing attitudes toward dual
comparative analysis of citizenship laws across nationality, which is often the way in which
the continent. guaranteeing parents equal rights with respect
to the nationality of their children is ensured.
The team who carried out the
‘citizenship audit’ on which the book is based A study of nationality laws that have
have gathered a wealth of detailed material, of developed in such conditions is of interest to
which Bronwen Manby displays absolute nationality lawyers and scholars far beyond
mastery. A lucid and succinct text is Africa, and Bronwen Manby’s ability to draw
supported by detailed notes and an extensive out the broad themes and home in on telling
index, as well as a table of legal sources. examples makes this a particularly valuable
Comparative tables avoid oversimplification addition to the corpus of work on comparative
while still managing to present large amounts nationality law. We learn that registration of
of information ‘at a glance’ and could usefully birth is not compulsory in all States, and in
be adopted by anyone attempting an analysis, Malawi and Tanzania whether it is compulsory
and in particular a comparative analysis, of depends upon race or origin. Racial
nationality laws. discrimination, or discrimination on the basis
of ethnic origin, is not only permitted but
The report opens with careful enshrined in the nationality laws of a number
definitions. Following a summary, a chapter of States, with enhanced preference given to
on internal norms on citizenship examines those of African or of particular ethnic origin
these with reference to the situation on the and language requirements for naturalisation
continent, including a discussion of the that strongly favour particular ethnic groups.
jurisprudence of the African Commission on Good health is a requirement for naturalisation
Human and Peoples’ Rights. Brief chapters in the laws of many countries; while in a
on citizenship under colonial rule law and the significant number of countries permission is
basis of citizenship law in Africa today follow. required to renounce citizenship. Protection
These introductory chapters provide a firm against statelessness is weak across the
foundation that ensures that readers who are continent. The study is concerned with the
not experts in nationality law will be able to legal status of statelessness and eschews
follow the analysis in the subsequent chapters. fashionable but unhelpful discussions about ‘de

213

Immigration, Asylum and Nationality Law, Vol 24, No 2, 2010

facto’ statelessness while giving full countries and indeed perusal of the
prominence to the way in which ‘onerous comparative tables demonstrates that North
requirements or costs attached to proof of African countries are far from forming a
entitlement to nationality’ may make it homogeneous block where nationality laws
irrelevant that a person fulfils the legal are concerned.
requirements. Waiver of naturalisation
requirements in cases where an individual has The report is not only a study it is also a
provided important or exceptional services to work of advocacy. Its goal is a Protocol on
the State offers to the well-connected, and Nationality to the African Charter on Human
perhaps wealthy, the prospect of avoiding the and People’s Rights and the summary,
onerous and unworkable requirements that although not the main body of the report,
persist in the law to the detriment of the makes detailed recommendations. While
majority of the population. many are designed to address problems
observed in the course of the study and make
Not all the surprising provisions are specific reference to such problems, with the
negative; the laws include imaginative exception of ratification of regional
solutions on a continent where in many cases instruments, the recommendations are not on
cohesive groups span borders and where their face specific to Africa and do not draw
many people have not been registered at on specific solutions already to be found on
birth. Anyone from a neighbouring country the continent. Over and above the
who has lived in Senegal for five years can opt identification of solutions that could make a
for Senegalese nationality without further difference in individual states, the proposal
conditions. Ghana makes provision for grants that a project of changes to nationality law be
of the ‘right of abode’ to a person of African attempted not by a single State in isolation
descent, while Ethiopia makes special but by States within a region is a bold and
provision for special identity cards to be imaginative one with the potential to speed
granted to foreign nationals of Ethiopian the pace of change.
origin. Those who have their habitual
residence in Senegal and have always behaved The report is available online so there is
and been treated as a citizens are to be no excuse for readers of the Journal not to
presumed citizens. Chad, Algeria, Benin, the familiarise themselves with this very
Republic of Congo, Morocco and Togo have significant and very accessible scholarly work.
similar rules on presumption of citizenship,
some with an ethnic or religious requirement Alison Harvey
also. As this list demonstrates, it is possible to General Secretary
identify nationality law solutions common to Immigration Law Practitioners’ Association
North African and sub-Saharan African (the views expressed are those of the author and
not of the Association)

214

ILPA

About ILPA nationality law and you are not a member
of ILPA then you are missing out.
ILPA is a professional association
established in 1984 by leading UK Why join ILPA?
practitioners in immigration, asylum and
nationality law. It exists to promote Joining ILPA is your chance to get
excellence in the provision of advice and involved, alongside leading practitioners,
representation in this field and to in improving the quality of immigration
contribute to a just and equitable system advice and representation and in
of immigration, refugee and nationality influencing the development of the law.
law practice that does not discriminate ILPA works across all areas of
against individuals on the grounds of immigration, asylum and nationality law
race, gender or otherwise. and its work is widely recognised.

For further Have you visited ILPA’s As a member, you will benefit
information, from:
please contact: website recently? ◆ reduced rates for all ILPA training,

ILPA ILPA posts briefings and submissions on which is provided by experts and
Lindsey House its website, www.ilpa.org.uk, on a accredited for continuing
40/42 Charterhouse weekly (and sometimes more than professional development (CPD)
Street weekly) basis. These contain legal and points by the Bar Council, the
London EC1M 6JN policy analysis as well as evidence of the Solicitors’ Regulation Authority,
experiences of members and their clients the OISC and the Institute of
Tel 020 7251 8383 and are a rich source of information for Legal Executives
Fax 020 7251 8384 academics and researchers. Please note
that those using the Firefox browser may ◆ listing in ILPA’s online and hard
Email experience problems with the viewing copy Directory of Members
[email protected] toolbar on the website.
◆ ILPA’s monthly mailing updating
Web Our members you on new developments and
www.ilpa.org.uk providing you with information
ILPA’s membership of over 900 not available elsewhere
individuals and organisations includes
lawyers, advice workers, academics and ◆ email alerts on developments of
others with a substantial interest in the importance
law, in the UK and beyond. Our
members include not only immigration ◆ opportunities to participate in
lawyers, but also lawyers whose work specialist members-only sub-
touches on immigration, immigration committees, through e-groups and
advisors and others with an interest in meetings
immigration, asylum and nationality law.
Leading practitioners in this field deliver ◆ free copies of ILPA publications
training for ILPA, represent the including best practice guides
association and speak on its behalf, and
contribute to the work of its sub- ◆ opportunities to become involved
committees, its lobbying, responses to in the work of the Association,
enquiries and consultations and specialist working alongside leading
research and publications. Membership of practitioners in the field including
ILPA provides an opportunity to get on responding to consultations,
information unavailable elsewhere and to representing ILPA at official
be involved in this work. If you are meetings and in work with
working on immigration, asylum or parliamentarians

◆ access to ILPA’s library by
appointment

◆ a say in how ILPA is run

215

Immigration, Asylum and Nationality Law, Vol 24, No 2, 2010

Work with ILPA … working to influence the
development of law and practice in
Twenty-five years on, ILPA remains this area
your best option for contributing to Get involved in ILPA’s subcommittees
raising standards of advice and and members’ meetings; represent ILPA
representation and to a just and equitable at meetings; help with responses to
immigration, asylum and nationality law consultations and parliamentary briefings.
practice. By maintaining and renewing ILPA is represented on ‘stakeholder’ and
your membership, training for ILPA, advisory/user groups run by the UK
hosting training sessions or attending Border Agency, the Administrative
them, attending the subcommittees, Court and tribunals, and on advisory and
sharing information with members and other groups convened by public bodies
writing for the mailing or for the Journal and NGOs. Since it was founded, ILPA
of Immigration, Asylum and Nationality has provided advice to members of the
Law you help to support practitioners UK parliament and House of Lords on
and through them, their clients. legislation, and has excellent links with
institutions and organisations working at
Help to European level. Our comments on
◆ Promote and improve the advising proposed legislation and our responses to
consultations influence law and policy in
and representation of immigrants the UK and beyond.

◆ Share information on domestic A couple of examples of
and European immigration,
refugee and nationality law recent work

◆ Work to secure a non-racist, non- ILPA’s Access to Justice subcommittee
sexist, just and equitable system of has worked on ILPA’s detailed comments
immigration, refugee and on the rules and practice statements and
nationality law practice. directions that were proposed for the
new Immigration and Asylum Chamber
By in the First Tier and Upper Tribunals.
See the Submissions page of the website.
… strengthening our membership ILPA was influential in persuading the
Maintain or renew your membership and government to abandon proposals to
see if you can recruit a practitioner who move all Asylum and Immigration
would benefit from ILPA’s support and judicial reviews to the Upper Tier
contribute to ILPA’s work. Tribunal and instead to restrict cases that
can be transferred to judicial reviews of
… supporting our training fresh claims. See the Briefings page of the
Come on training courses, publicise them website. The subcommittee has worked
to others, train for ILPA, suggest or host on ILPA’s discussions with the UK
courses. Increasingly lawyers in all areas Border Agency on the Agency’s policy of
of practice find themselves confronting removal without notice, which ILPA
matters of immigration law and ILPA is considers fails to respect fundamental
always interested in reaching out to train constitutional rights. (See the UK Border
those practitioners, as well as Agency Enforcement Instructions and
immigration, asylum and nationality law Guidance Chapter 60).
practitioners.
ILPA’s European subcommittee,
… sharing information with others convened by Professor Elspeth Guild and
When you come across something that Alison Hunter of Wesley Gryk Solicitors
other immigration practitioners need to has provided detailed comments to the
know – pass it to ILPA so that we can European Commission on its guidance
disseminate it to members. Share on Directive 2004/38 on free
information received and write casenotes movement. The subcommittee has
and memoranda for the ILPA mailing; commented extensively on the question
and/or write articles for the Journal of of whether the UK should or should not
Immigration, Asylum and Nationality
Law

216

ILPA

CR* – Concessionary opt-in to the draft re-cast qualification Domestic violence
rate for ILPA and procedures directives and in so Monday 13 September 2010, 4–7.15pm
members who are full doing has provided analysis of the Speakers
time students, pupil provisions of those draft instruments. It ◆ Raggi Kotak, 1 Pump Court
barristers or trainee has also commented on the Stockholm
solicitors, or programme. See the Submissions pages Chambers
employees of Law of the website. ◆ Solange Valdez, Southwark Law
Centres and smaller
voluntary Training Centre
organizations. CPD 3 hours
Some examples of ILPA training recent Fee ILPA members £120, CR*£60,
CPD – Solicitors, and forthcoming appear below. Please
barristers, OISC see ILPA’s website www.ilpa.org.uk for others £240
regulated advisors and the full programme which is updated Code DT 1242
legal executives can regularly. Academics and researchers, How do you evidence an application for
all sign for members of ILPA and others, who leave based on your client’s having
Continuing attend ILPA training sessions have an suffered domestic violence? How do you
Professional unparalleled opportunity to learn of conduct these cases in a way that best
Development hours. experiences of practitioners and thus supports your client and minimises risk?
have access to information not available What happens if your client is stated to
This is a selection of elsewhere. have no recourse to public funds? How
the training sessions do you deal with an appeal hearing in
offered by ILPA. The September 2010 the event of a refusal? A barrister and
full training solicitor team with extensive experience
programme is Essential Tax for immigration of representing clients who have been
available on the ILPA practitioners subjected to domestic violence at
website: Wednesday 8 September 2010, application, appeal and judicial review
www.ilpa.org.uk 4–7.15pm level, and have been involved in ILPA’s
Speakers influencing work, including in meetings
◆ Sonia K Arora, James Perrott and with the Home Office and UK Border
Agency on this topic, provide a
Elisa Sofocli, comprehensive overview of the legal,
PricewaterhouseCoopers Legal evidential and practical aspects of these
LLP cases and answer your difficult questions.
CPD 3 hours Previous participants on this session
Fee ILPA members £180, CR*£120, described it as ‘excellent training’, ‘very
others £360, 3 CPD hours informative’, ‘the caselaw very helpful
Code DT 1241 and stuff on evidence particularly good’.
It’s back! By popular demand: James
Perrott is joined by two tax experts to Getting started in business
bring you this introduction to the UK immigration law
tax rules covering the UK tax system, Wednesday 15 September 2010,
tax residence, tax for employees leaving 4–7.15pm
and arriving in the UK; social security Speaker
implications for employers and ◆ Graeme Kirk, Gross and Co
employees; the taxation of short term
business visitors and the taxation of non- Solicitors
domiciled individuals. Drawing on real CPD 3 hours
case studies and examples, this course Fee ILPA members £180, CR*£120,
demystifies the tax rules, helps you
identify potential problems and others £360, 3 CPD hours
opportunities for clients and provides Code DT 1243
plenty of opportunity to get answers to ILPA’s popular introduction to business
specific questions. immigration law, suitable for those who
want to get started, fill in gaps in their
knowledge or get up-to-date. A
comprehensive and comprehensible
guide to this fast-changing area. Graeme
Kirk, the former Chair of the
International Bar Association’s
Immigration and Nationality Law
Committee and an active member of

217

Immigration, Asylum and Nationality Law, Vol 24, No 2, 2010

ILPA’s Economic Migration Refugee and international
subcommittee brings a wealth of practical protection update
experience to this session. Participants on Wednesday 22 September 2010, London,
this session described the session as a 4pm–7.15pm
‘Very good course, presentation excellent Speakers
and notes very clear”’. They described ◆ Peter Jorro and Mark Symes,
Graeme Kirk as presenting the session
‘coherently, interestingly and with Garden Court Chambers
humour’ and ‘loved’ his practical CPD 3 hours
experience. Whether business Fee ILPA members £120, CR*£60,
immigration law is your passion, or just
something you cannot avoid, this is the others £240
course for you. Code DT 1245
Make sure you are fully up to speed with
Getting started in advocacy – full legal developments on refugee law,
day session subsidiary protection, other human rights
Thursday 16 September 2010, Conventions relevant to protection of
10.00am–5.00pm migrants, and have identified litigation
Speakers likely to arise out of these developments.
◆ Frances Webber, Ronan Toal, This course will review recent
developments to ensure that you are fully
Garden Court Chambers up to speed, understand the full potential
Fee ILPA members £220, CR*£110, of the caselaw, are conversant with the
latest procedures and understand the areas
others £440 in which the law is developing. Mark
CPD 5.5 hours Symes and Peter Jorro are the authors of
Code DT 1244 Symes and Jorro on Asylum Law and
A must for any barrister, solicitor or Practice, now in its second edition, and
caseworker starting, or thinking of Mark Symes is the author of Caselaw on
starting to represent appellants in the the Refugee Convention. This
Immigration and Asylum Chambers of comprehensive and informed overview
the unified Tribunal, we have extended that they provide will save you time and
our popular introductory session to a full ensure that nothing is missed.
day. No experience of advocacy is
required but you will need previous Solving family status problems in
experience of preparing cases for appeal immigration cases – marriage,
and knowledge of appeals legislation and divorce, parenthood and adoption
procedure rules – this is a chance to put in family and immigration law
knowledge acquired for accreditation in London, 4–7.15pm, Tuesday 28
practice. Frances Webber and Ronan September 4.00–7.15 pm
Toal, have vast experience of appearing Speaker
before the Asylum and Immigration ◆ Kathryn Cronin, Garden Court
Tribunal, predecessor to the new
Immigration and Asylum Chambers in Chambers
the First Tier and Upper Tier Tribunals CPD 3 hours
well as in leading cases in the higher Fee ILPA members £120, CR*£60,
courts. They will use case outlines to
cover matters such as drafting skeleton others £240
arguments, research, corroborative Code DT 1246
evidence, oral and written evidence from Many members have asked for a course
witnesses and submissions and will also looking at questions of domicile and
take participants through practical residence and the interface between
advocacy tasks to ensure that you have all private international law, family law and
the skills to represent your clients in the immigration law in these complex areas.
new Tribunals. The course will look at the definitions of
a parent in family and immigration law,
at how to determine domicile, at habitual
residence, at the family law provisions for
custody and contact:- international
arrangements, European arrangements
and domestic and at the family and

218

ILPA

immigration aspects of child removal It’s back! This course, covering all aspects
cases. Maggie Jones is family law of applications for spouses, civil,
specialist, described in Chambers and unmarried and same sex partners is back
Partners as a ‘woman of principle’ and again by popular demand. ‘The best course
‘passionate barrister who always goes the I have ever attended, brilliant’, ‘outstanding’,
extra mile for her clients.’ She is joined ‘informative, live and important’ says the
by Kathryn Cronin, whose practice feedback. Characterised as ‘Tim Barnden
covers immigration and family law and and Barry O’Leary are described as
whose expertise is well known to ILPA particularly helpful tutors’, with one
members for she has been involved with participant commenting ‘I would be happy
ILPA since it was founded. This specialist to attend any sessions conducted by Tim and
course will be invaluable to all Barry’. They both specialise in
immigration lawyers who deal with applications for partners at Wesley Gryk
family matters. solicitors, described in Chambers UK as
having a ‘fantastic reputation’ and as
October 2010 ‘developing knowledge, testing the boundaries
and pushing the agenda’. According to
Update: recent developments in previous participants this ‘great, very
immigration law informative, interesting’ session ‘full of
Thursday 14 October 2010, 4–7.15pm practical tips’, ‘very useful material, good
Speakers insights, well-presented and to the point’
◆ David Chirico, 1 Pump Court will give you an ‘excellent opportunity to
discuss and clarify the topics’, including on
Chambers developments on the general grounds for
◆ Sonali Naik, Garden Court refusal and changes to minimum age for
partners and spouses. Previous attendees
Chambers record ‘no dull moments’. Come along
CPD 3 hours and re-ignite your enthusiasm, while
Fee ILPA members £120, CR*£60, honing your knowledge and skills.

Non members £240 Discrimination and immigration
Code DT 1229 Tuesday 19 October 2010, 4–7.15pm
David Chirico and Sonali Naik return Speakers
with this comprehensive course covering ◆ Declan O’Dempsey, Cloisters
recent cases and related developments to
ensure that you are fully up to speed. Chambers
The most efficient way to get up to ◆ Jawaid Luqmani, Luqmani
speed on all recent developments in
immigration caselaw and practice, with Thompson and Partners
an opportunity to reflect on their CPD 3 hours
implications for your clients. Feedback Fee ILPA members £120, CR*£60,
on training from this popular team has
included ‘the best ILPA course I have Non members £240
been to’, ‘very interesting and well Code DT 1234
presented course, knowledgeable speakers
– very good!’ Nationality law is fun
Thursday 28 October 2010, 10am to
Significant others: applications for 5.15pm
partners Speakers
Friday 15 October 2010, 10am–5pm ◆ Alison Harvey, ILPA General
Speakers
◆ Tim Barnden and Barry O’Leary, Secretary
◆ Mahmud Quayum, Camden
Wesley Gryk Solicitors
CPD 5.5 hours Community Law Centre
Fee ILPA members £220, CR*£110, CPD 5.5 hours
Fee ILPA members £220, CR*£110,
Non members £440
Code DT 1236 non members £440
Code DT 1247

219

Immigration, Asylum and Nationality Law, Vol 24, No 2, 2010
November 2010

Asylum & immigration in the Court of
Session: a St. Andrew’s Day review
Tuesday 30 November 2010, 2.00–5.15
pm.
Speakers
◆ Joe Bryce, Advocate and Jamie

Kerr, Drummond Miller Solicitors
CPD 3 hours
Fee ILPA members £120, CR*£60,
Non members £240
Code DT 1248

220

Notes

Notes

Notes

Notes