Immigration Law Bulletin - Issue 199 - 28 September 2010

Tuesday 28 September 2010

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News

The Anti Slavery Day Act 2010 (specified date) Order came into effect on 21 September 2010 which identifies 18 October 2010 as an anti slavery awareness day.

22 September 2010: Immigration Minister Damian Green has said that the government will rigorously defend any legal challenge of its interim migrant limit. JCWI is challenging the government's limit. JCWI argue that the limit has been put in place without proper consultation, and in addition that the level of limit has not been placed before parliament. For full details, click here.

Human Rights Watch has urged France to reject a proposed immigration bill which HRW identifies as anti-Roma. The bill proposes widening the categories for expelling EEA nationals including expulsion for abusing welfare benefits, profiting from begging from others and abusive occupation of land which specifically targets the Roma community and weakens human rights. For full details, click here.

Cases

HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC)
[conclusions of UT paras 271-278]
The UT found that the degree of indiscriminate violence in the current armed conflict in Iraq is not of such a high level that substantial grounds have been shown that a civilian, as opposed to persons who fall within a risk category (see para 278(iv)) returned there would just by their presence be at a real risk of being subjected to serious harm. The UT considered risk of harm to young Iraqi men and concluded that the evidence did not show there was sufficient risk of harm to engage Article 15C. The UT found even if there had been such a risk of harm, there would have been the possibility of IFA within Iraq and/or a level of protection from GOI. Despite it being a weak state there was evidence that Iraqi forces had maintained some security. Within the judgment is some interesting commentary on the scope of Article 15 (c) and analysis of evidence of high levels of violence and commentary that such harm can be engaged where there is a breakdown of law and order as opposed to military combat.
Click here for the full judgment.

 

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