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WEB 1087 Challenging Sham Marriage Allegations (FREE Webinar)

Event | Training

This webinar is FREE and you can register for your place HERE

In this webinar, we will work through challenging 'sham marriages' or marriage of convenience allegations. We will consider the complexities of the definitions, the marriage and civil partnership referral and investigation scheme which was introduced by the Immigration Act 2014, investigations which occur outside that scheme and useful case law and Policy Guidance.  

This webinar will allow more effective applications to be submitted and for better challenges to adverse decisions. 

In this webinar, we will cover the following: 

•    The differences and complexities in the definition of a sham marriage and marriage of convenience
•    a detailed analysis of Part 4 of the Immigration Act 2014; the key changes introduced by this 
•    a look at the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015 and the Marriage and civil partnership referral and investigation scheme: statutory guidance for Home Office staff March 2015, with examination of the referral and investigation scheme
•    the importance of the UKVI conducting investigations lawfully, including the requirements in requests made for evidence and the marriage interview process
•    a consideration of the impact of Home Office non-compliance with notice periods and the effect of a non-compliance decision
•    a look at useful Policy Guidance and case law to assist in establishing a genuine relationship
•    a breakdown of sham marriage enforcement actions and offences
•    detailed examination of the UKVI Enforcement Visits and Marriage Investigations  Guidance
•    an inspection of the most recent and relevant authorities on the right to marry, marriages of conveniences, the burden of proof, the quality of evidence, non-suspensive appeals
•    case Activity / Group Discussions

Daniel Rourke and Tatiana Kazim from the Public Law Project will be collaborating on this training. The growing use of automated decision making in public life is an issue of interest for Public Law Project, as part of its ‘Public law and technology’ focused work. Tatiana Kazim from PLP’s research team will set out what is known of the use of automated decision making by the Home Office to select individuals for sham marriage investigations. Daniel Rourke from PLP’s casework team will discuss possible public law remedies available to individuals affected by this approach. Colleagues at PLP have published some preliminary research/articles on this – https://www.freemovement.org.uk/home-office-refuses-to-disclose-inner-workings-of-sham-marriage-algorithm/
 

Details

Date:
September 22
Time:
1:30 pm - 4:00 pm
Event Tags:
Tutor details:
Priya Solanki, One Pump Court Chambers
Tutor biographies:
Priya is a busy specialist in immigration, asylum, human rights and nationality law. She appears regularly before the First-Tier Tribunal and Upper Tribunal, Immigration and Asylum Chambers and the Administrative Court. 

She has authored the book A Practical Guidance to Challenging Sham Marriages Allegations in Immigration Law. She regularly provides in-house training, seminars and webinars. She is cited as a leading junior in Immigration (including business immigration) in Legal 500 with the Directories stating, “she has a sharp mind and demonstrates excellent client care”, "she is tactically astute, good under pressure and very persuasive in court" and "she is very knowledgeable in presenting appeals".

Tatiana is PLP’s Research Fellow in Public Law and Technology. She holds a Bachelor of Civil Law and an undergraduate law degree from the University of Oxford, and a politics and philosophy degree from the LSE.
Before joining PLP, Tatiana worked as a judicial assistant at the Court of Appeal. She has also worked as a legal assistant at the Law Commission, looking at reform of the criminal law relating to harmful online communications.
She volunteers at the Unity Project, supporting people with ‘no recourse to public funds’, and studies part time for the Bar Practice Course.

Daniel Rourke is a solicitor and will be leading on PLP’s legal aid focus work. He joined PLP from the Migrants’ Law Project at Islington Law Centre, where he worked on judicial review claims brought by NGOs concerning the rates of asylum support, the ‘Detained Fast Track’ asylum process and the Immigration Rules for adult dependent relatives.
More recently, he has focused on family reunion for asylum seekers in the context of the European Refugee Crisis. This began with representing unaccompanied children in the Calais ‘Jungle’ camp and developed into a multi-year project involving collaboration with various partners to assist scores of vulnerable individuals across Europe and beyond.
Daniel also has a broader interest in the criminal justice system and the rights of people who encounter it. During his training contract he conducted advocacy before the Parole Board, advised families regarding deaths in custody and pursued civil claims against the police and prison service. Following qualification, he provided legal outreach services in drug and alcohol treatment centres.
Price:
Concessionary Training Prices: £40
Member Training Prices: £80
Non Member Training Prices: £140
CPD Hours:
2.5
Venue:
Zoom
Spaces Left:
45
Audience:
The webinar is suitable for lawyers working in immigration. It will provide information at all levels. We will complete case studies/activities and incorporate group discussions in this session to enhance the learning session.
Methods:
Webinar with case studies/group discussions
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