Immigration Law Bulletin - Issue 194 - 23 August 2010

Monday 23 August 2010

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News

The Justice Secretary, Ken Clarke has identified asylum legal aid as a key area for cuts in the autumn spending review.
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Immigration officials charged with carrying out the government's pledge to end the detention of children in immigration centres are piloting an alternative scheme for family removal. Families with children facing removal are to be given a two-week ultimatum to leave the country voluntarily; if they fail to go, they will be told they will be deported "at some point" within the next two weeks and will be removed without warning.
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Cases

Jisha v Secretary of State for the Home Department [2010] EWHC 2043
HHJ Anthony Thornton QC held that an appeal made in reliance on the European Convention on Human Rights 1950 Protocol 1 art.2 was a human rights claim for the purposes of Para.353 HC 395.
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Two reported Upper Tribunal decisions:

NB and ZD (para 59. discretion) Guinea [2010] UKUT 302 (IAC)
It was found that a failure by a party to comply with the provisions of the Procedure Rules is an "error of procedure" within the meaning of rule 59, and that rule 59 therefore operates to preserve the validity of steps taken in the proceedings thereafter, unless the Tribunal exercises the discretion therein to order to the contrary.
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VN (Chicago Convention s.86(4)) Iran [2010] UKUT 303 (IAC)
A removal will not be incompatible with under the provisions of the Chicago Convention as set out in the relevant IDIs, if s.86(4) of the Nationality, Immigration and Asylum Act 2002 is applicable.
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Legislative and Immigration Rule Changes

Statement of Changes in Immigration Rules Cm 7929 comes into effect on 9 September 2010, and will change the provisions for granting permission to work to eligible asylum seekers, and to extending that provision to some classes of failed asylum seekers who have made fresh representations which raise asylum grounds.
Click here for a copy of the Statement

Training

Judicial Review Conference
14 October 2010, Birmingham
Book now at the early bird rate of just £100 +VAT!
A leading team from Garden Court Chambers will give an up-to-date overview of all aspects of judicial review including how it can be used in immigration proceedings, together with practical advice on how to apply the law successfully.
For full details, click here

 

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