Immigration Law Bulletin - Issue 196 - 6 September 2010

Monday 6 September 2010

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The Council of Europe Commissioner for Human Rights, acting as a third party intervener, stated that "Asylum seekers, including persons transferred under the 'Dublin Regulation', face extremely harsh conditions in Greece" before the Grand Chamber of the ECtHR in M.S.S v. Belgium and Greece (no. 30696/09) on Wednesday.
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The UKBA has published its quarterly figures for asylum and immigration applications.
Click here to read the report.

The European Union has expressed an interest in reaching an agreement with Muammar Gaddafi to stem the flow of immigrants across the Mediterranean. The Libyan leader put a price tag of €5bn (£4.1bn) a year on the deal.
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Deportation flights are being prevented from taking failed asylum seekers directly to northern Iraq because of a diplomatic dispute with the Kurdish Regional Government.
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Two reported decisions from the Upper Tribunal:

CDS (PBS "available" Article 8) Brazil [2010] UKUT 305 (IAC)
The UT found that under the PBS, funds are "available" to a claimant at the material time if they belong to a third party but that party is shown to be willing to deploy them to support the claimant for the purpose contemplated.
Click here for the full judgment.

FA and AA (PBS effect of Pankina) Nigeria [2010] UKUT 304 (IAC)
It was held that the effect of Pankina is not only limited to the 'three-month rule' in relation to evidence of funds. Policy Guidance does not have the status of Immigration Rules for the purposes of immigration appeals.
Click here for the full judgment.


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.
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