Immigration Law Bulletin - Issue 186 - 21 June 2010

Monday 21 June 2010

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News

Refugee and Migrant Justice (formerly the Refugee Legal Centre) went into administration on Wednesday. The Legal Services Commission confirmed that the Minister of Justice's decision was final and that, despite any short term cost, there would be no change to the current funding arrangements that had led the charity into financial difficulty. Click here

The United Nations is investigating claims that handcuffed Iraqi asylum seekers were beaten by British security officers during a charter flight back to Baghdad last week. Click here

The UK Border Agency has proposed setting up a "reintegration centre" in Afghanistan so that it can start deporting unaccompanied child asylum seekers to Kabul from the UK. Click here

 

Cases

In the Supreme Court it was held in MS (Palestinian Territories) v Secretary of State for the Home Department [2010] UKSC 25, that a right of appeal could not be maintained under S.82(2)(h) of the Nationality, Immigration and Asylum Act 2002 on the ground that the destination stated in the notice of the decision was not one that met the requirements of the Sch.2 para.8(1)(c) of the Immigration Act 1971. Click here

Also three decisions in the Court of Appeal.

In Secretary of State for the Home Department v IA (Turkey) [2010] EWCA Civ 625, the Court found that the Secretary of State's decision that a statutory refugee under Art. 33 of the Convention relating to the Status of Refugees 1951 was not entitled to ILR, not withstanding an AIT determination that refugee's return would amount to a breach of his Art. 3 ECHR rights, was lawful; as the AIT had considered Art. 33 in reaching it's determination. Click here

In FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696, it was held that S.83 of the Nationality, Immigration and Asylum Act 2002 should included applicants who had sought humanitarian protection under para.339C HC395 and subsidiary protection under the Refugee Qualification Directive 2004/83. Click here

In Secretary of State for the Home Department v ST (Eritrea) [2010] EWCA Civ 643, the Court of Appeal found that a statutory refugee, for the purpose Art. 32 of the Convention relating to the Status of Refugees 1951, was only entitled to protection under the Convention if they had been previously granted lawful presence in the particular state in question. Click here

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