Immigration Bulletin – Issue 213 – 17 January 2011

Monday 17 January 2011

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NEWS

Tunisia has been in a state of emergency since ousted President Ben Ali fled to Saudi Arabia on 14th January 2011 amid widespread anti government protests. To read further, click here.

CASES

Suppiah and Others [2011] EWHC 2 (Admin)

Mr Justice Wyn Williams found that two failed asylum seekers ( mothers and their respective children) were unlawfully detained at Yarlswood Immigration Removal Centre. Detention was imposed by default because Home Office required detention of families with young children to be authorised only when there were exceptional circumstances.The detention of the families breached Section 55 of Borders Citizenship and Immigration Act 2009 (the duty which required primary consideration to be given to the welfare of children) Articles 5 and 8 ECHR but found no breach of Article 3 ECHR (the minimum level of severity necessary for the claimants Article 3 rights to be breached was not met). The Court did not find that the SSHD's policy relating to the detaining of families with children was unlawful. The Court found that the SSHD's policy did conform to the UN Convention on the Rights of the child. To read further, click here.

SG (Zimbabwe) v SSHD [2011]
(Unreported CA January 12th 2011)

The Court of Appeal considered the appeal of a Zimbabwean national who was appealing against a decision to refuse him Indefinite Leave to Remain on compelling and compassionate grounds on the basis that he had lived in the UK for a number of years and was dependent on anti-retroviral treatment. He argued that any decision to remove him to Zimbabwe would deprive him of such medication. The Court of Appeal held that the current position in Zimbabwe on health provision for those who are HIV positive was in flux and in doubt. The Court of Appeal decided that the UT would need to consider further evidence about charitable funding and whether the World Heath Organisation [ WHO] policy would prioritise someone such as the appellant who was already receiving anti-retroviral treatment.

R (on the application of Ali Zaki Mousa) v SSHD for Defence and Equality Human Rights Commissioner [2010] EWHC 3304 (Admin)

The Court found that the Secretary of State's refusal to order an immediate public inquiry into allegations that persons detained in Iraq were ill treated in breach of their Article 3 ECHR rights by British Armed Forces was not unlawful. To read further,click here.

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