Immigration Asylum 24_2 cover.qxp:Layout 1 16/6/10 09:42 Page 1 Related Titles from Bloomsbury Professional JOURNAL of Immigration Law and Practice, 4th edition 24 Number 2 2010 Journal of Immigration, Asylum and Nationality Law Volume IMMIGRATION By David Jackson, George Warr, Julia Onslow-Cole & Joseph Middleton Reverting to hardback format, the fourth edition of this clear and practical book has been thoroughly updated by a team of specialist practitioners. It deals comprehensively with ASYLUM AND immigration law procedure and practice, covering European and human rights law, deportation, asylum and onward appeals. In this continually evolving area of law, this fourth edition takes into account all recent NATIONALITY major legislation changes and developments, relevant case law and policies since the last edition. ISBN: 978 1 84592 318 1 Price: £120 Format: Hardback LAW Pub date: Dec 2008 Asylum Law and Practice, 2nd edition Volume 24 Number 2 2010 Pages 113–224 By Mark Symes and Peter Jorro Written by two of the leading authorities on the law relating to asylum, Asylum Law and EDITORIAL Practice, 2nd edition is a detailed exposition of the law relating to asylum and NEWS international protection. ARTICLES Bringing together in one volume, all relevant aspects of asylum law and practice in the The Borders, Citizenship and Immigration Act 2009 United Kingdom, this book is comprehensive enough to serve as a reliable source of Alison Harvey information and analysis to all asylum practitioners. Its depth, thoroughness, and clarity make it a must have for all practitioners. Victims of Human Trafficking in Ireland – Caught in a Legal Quagmire The book is focused on the position in the UK, but with reference to refugee law cases in Hilkka Becker other jurisdictions; such as Canada, Australia, New Zealand and the USA. It addresses all aspects of claiming asylum and the processing of protection claims: from the New Come and Go? How Temporary Visa Works Under US Bilateral Trade Asylum Model to appeals in the Upper Tribunal: Humanitarian Protection, third country Agreements with Arab Countries cases, Home Office policies, and the treatment of asylum seekers. Bashar H. Malkawi ISBN: 978 1 84592 453 9 Price: £120 (approx) Format: Hardback Italy’s Treatment of Immigrants and the European Convention on Pub Date: June 2010 Human Rights: Some Recent Developments British Nationality Law, 3rd Edition Serena Sileoni By Laurie Fransman QC An Introduction to the Forced Marriage (Civil Protection) Act 2007 This title remains the definitive work on British nationality law. Written by the recognised Mehvish Chaudhry world authority on the subject, this is a ‘must-have’ book for all involved in nationality PRACTICE NOTES law and related immigration and human rights issues. In depth discussion and an all- encompassing range of subject areas are covered, plus expert commentary of the CASE NOTES AND COMMENTS highest standard, making this a reference source of major importance for all practitioners BOOK REVIEWS in this field. The new third edition of this well-respected work has been fully up-dated to ILPA cover the extensive changes made by the British Overseas Territories Act 2002 and the Nationality, Immigration and Asylum Act 2002. ISBN: 978 1 84592 095 1 Price: £220 Format: Hardback Pub Date: Dec 2010 For further information please email [email protected] Bloomsbury Professional Immigration Asylum 24_2 cover.qxp:Layout 1 16/6/10 09:42 Page 2 JOURNAL OF IMMIGRATION ASYLUM AND Editorial Policy NATIONALITY LAW Aims of the Journal To encourage the publication of original analysis or critique of law and policy on different This is the official journal of the Immigration Law Practi- CONSULTANT EDITOR: categories of migrants, on refugee and asylum issues and on nationality laws, at UK, comparative, tioners’ Association European and international level; to encourage the publication of work on such topics that links ILPA, Lindsey House, 40/42 Charterhouse Street, Jim Gillespie, Barrister (non-practising) the development of law to migration flows between states and regions of the world; to provide up- London EC1M 6JH; Te l: 020 7251 8383 MANAGING EDITOR: dates and news features on recent developments in UK law; to publish reviews of texts related to Email: [email protected] the concerns of practitioners and academics. Prakash Shah, Queen Mary, University of London Manuscripts, editorial correspondence and books for review should be sent to Linda Whittle at Bloomsbury Professional ASSOCIATE EDITORS: Policy on acceptance of submissions Email: [email protected] or at the address below. Gina Clayton, (Book reviews) With the above aims in mind, the Editors welcome the submission of material of any suitable NB Prospective contributors are advised to request a style length, to be made in the first place to [email protected] Steve Peers, Professor of Law, University of Essex sheet before commencing their article. Dallal Stevens, University of Warwick Articles submitted should be original contributions and should not be under consideration for Subscription enquiries should be sent to: publication in any other journal. Copyright of material published in the journals rests with the [email protected] EDITORIAL ADVISORY BOARD: publishers, Bloomsbury Professional Limited. Following publication, permission will usually be © Bloomsbury Professional Limited given (free of charge) to authors to publish their articles elsewhere, if they so request. Previously published by Tottel Publishing Limited Nathalia Berkowitz, London School of Economics All rights reserved. No part of this publication may be re- Judith Farbey, Barrister The editors would welcome case comments as well as articles. produced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, Laurie Fransman, QC All contributions must contain original analysis of the subject-matter. Contributions must be free photocopying, recording, or otherwise, without the prior from typing errors and must carry full citations to primary and secondary material used or re- Elspeth Guild, permission of the Publisher. Solicitor ferred to. While every effort has been made to ensure that the Alison Harvey, ILPA information given in this Journal is accurate, no Articles should feature an ‘at a glance’ summary at the beginning of the text to enable the reader responsibility (legal or otherwise) is accepted by the Pub- Raza Husain, Barrister lishers, the Editors, the members of the Editorial Board or to discern the main points with ease. Contributors should therefore provide a short paragraph the Contributors for any errors, omissions, or otherwise. Ian Macdonald, QC summarising the content, to be placed in a shaded box before the main body of the article. The opinions expressed in the articles which appear in the Journal are the personal opinions of the authors, and are not Richard McKee, Immigration Judge The Editors will screen all articles received, and selected articles will be refereed. The final decision necessarily shared by the Editors or the Publishers. will be made by the Editors, who reserve the right to refuse a text or, if they accept a manuscript, Werner Menski, Professor of South Asian Laws, SOAS to make relevant additions or to shorten it. Any changes which affect the substance of a text will Annual subscription (including postage): £204.00 be made in agreement with the author. Rejected papers will not be returned. Published four times a year by: Ella Rule, Formerly of Thames Valley University Bloomsbury Professional Sadat Sayeed, Barrister Contributors should note that, as a condition of publication, they will be required to grant Maxwelton House, 41–43 Boltro Road, Bloomsbury Professional a ‘licence to publish’ when an article is accepted for publication. Haywards Heath, West Sussex RH16 1BJ Duran Seddon, Barrister Te l: 01444 416119; Fax: 01444 440426 Contributors are entitled to two copies of the issue in which their material appears. Ramnik Shah, Solicitor (non-practising) Internet: www.bloomsburyprofessional.com ISSN 1746 7632 Karen Sturtivant, Solicitor Guidance for contributors Editor: Kiran Goss Typeset by Phoenix Photosetting, Chatham, Kent Prospective contributors are advised to request a style sheet from the publishers before commencing their article. Printed and bound in Great Britain by Hobbs the Printers Ltd, Totton, Hampshire Contributors should note that the Journal of Immigration, Contributors should note that Journal of Immigration, Asylum and Nationality Law is a refereed Asylum and Nationality Law is a refereed journal. journal. 01-IANL (24-2)-cpp:02-IANL (24-2)-ppp 16/6/10 09:44 Page 113 Contents 114 EDITORIAL 115 NEWS 118 ARTICLES 118 The Borders, Citizenship and Immigration Act 2009 Alison Harvey 134 Victims of Human Trafficking in Ireland – Caught in a Legal Quagmire Hilkka Becker 145 Come and Go? How Temporary Visa Works Under US Bilateral Trade Agreements with Arab Countries Bashar H. Malkawi 159 Italy’s Treatment of Immigrants and the European Convention on Human Rights: Some Recent Developments Serena Sileoni 173 An Introduction to the Forced Marriage (Civil Protection) Act 2007 Mehvish Chaudhry 180 PRACTICE NOTES 182 CASE NOTES AND COMMENTS 204 BOOK REVIEWS 215 ILPA 01-IANL (24-2)-cpp:02-IANL (24-2)-ppp 16/6/10 09:44 Page 114 Editorial his editorial is being written on election day, 6 May, when we of course do not know how Tthe chips will fall with respect to which party or parties will come out ahead and form the next British government. The immigration issue constantly hovered in the background of the election campaign, sometimes coming to the fore, not least in the third of the three party leaders’ debates. Clearly, however, it is an issue about which voters feel strongly although it is impossible to determine how much it will ultimately influence their decisions. Unlike the last election in May 2005, however, no major party made negative capital out of the election question. One of them, somewhat bravely, even made public its intention to regularise those in the UK irregularly for 10 years, and could have lost some votes as a result.