Immigration Law Bulletin - Issue 183 - 25 May 2010

Tuesday 25 May 2010

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News

The new governing Conservative-Liberal Democrat coalition has published its agreed proposals on immigration and asylum. They include:

  • Annual limit on number of non-EU economic migrants
  • End to detention of children for immigration purposes
  • Create border police force as part of Serious Organised Crime Agency
  • New measures to minimise abuse of student visas
  • Citizens from any new EU member states to be banned from working in UK for a transitional period
  • Halt deportation of asylum seekers who have fled to the UK because their sexual orientation or gender identification put them at risk

Click here to read more.

The Secretary General of the Council of Europe has expressed his concern over Italy's repeated expulsion of foreign nationals in contravention of explicit requests by the European Court of Human Rights not to do so. Mr Thorbjørn Jagland said "It is essential that measures taken by the Court, which are recognised as legally binding for all Parties to the European Convention on Human Rights, are respected by all member states. Failure to do so risks undermining the system of human rights which is fundamental for the protection of all European citizens."
Click here to read the press release.

The UNHCR last week published guidelines aimed at promoting a stronger and more consistent approach by governments to the protection needs of civilians fleeing Somalia.
"These guidelines encourage governments to assess applications for refugee status from persons from central and southern Somalia in the broadest possible way, and to extend complementary forms of international protection, where refugee status is not granted."
Click here to read the full article.

An investigation by the BBC has found that the average waiting time for a phone call to the UK Border Agency is almost seven minutes and then 70% of calls are abandoned or go unanswered.
Click here to read the full news item.

Cases

Taous Lassal v Secretary of State for Work and Pensions [2010] EUECJ C-162/09
The ECJ found that the concept of a five-year continuous period of residence in Article 16(1) of Directive 2004/38, should be interpreted as including any period of residence of a Union citizen in a host Member State which began or ended before expiry of the transposition period on 30 April 2006.
Click here for the full judgement.

MJ (Angola) v Secretary of State for the Home Department [2010] EWCA Civ 557
In the Court of Appeal, Dyson LJ upheld the position that the Secretary of State was entitled to deport a mentally ill immigrant while he was still subject to orders made under the Mental Health Act 1983 s.37 and s.41. However he adopted the reasoning in Maslov v Austria (1638/03) (2009), that where a person had spent much of their childhood in the UK and was fully integrated here then very serious reasons were required to justify the decision to deport him.
Click here for the full judgement.

Naseer & Ors v Secretary of State for the Home Department [2010] UKSIAC 77/2009
In SIAC, Mitting J. found that though the first appellant represented a danger to the national security of the UK, he could not be removed to Pakistan because he was likely to be the victim of torture or cruel and degrading treatment.
Click here for the full judgement.

 

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