Immigration Law Bulletin - Issue 203 - 25 October 2010

Monday 25 October 2010

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News

A home affairs select committee will scrutinise the use of restraint in deportations after the fatal collapse and death of Jimmy Mubenga on a plane out of the UK. Click here to read more.

It is reported that racist UK policies are blamed for deaths of 77 asylum seekers and migrants. Click here to read more.

Hundreds of documents released by Wikileaks on 22 October 2010 reveal the torture, beatings and lashings of detainees by their Iraqi captors. Human Rights Watch report that the disclosures show that torture is rampant, goes unpunished and that the US authorities knew of the systematic abuse of Iraqi troops but handed over thousands of detainees anyway. Click here to read more.

Cases

LM and others v Secretary of State for the Home Department [2010] EWCA Crim 2327
The Court of Appeal considered the circumstances in which trafficked victims should be prosecuted and the fact sensitive nature of Article 26 obligation under the Council of Europe Convention on Action against Trafficking of Human Beings. Click here for the full judgement.

Anam v Secretary of State for the Home Department [2010] EWCA Civ 1140
The Court of Appeal found that the Court should assume the role of primary decision maker when reviewing the lawfulness of the detention rather than reviewing the decision on traditional public law grounds. The Court of Appeal rejected a claim for unlawful detention on the basis that the Secretary of State had applied the Hardial Singh principles and notwithstanding the failure to apply a relevant policy, about not detaining those mentally ill people unless there are "very exceptional circumstances" given the history of the case, detention in this particular case was inevitable. The Court of Appeal noted that the Supreme Court would hear WL next month. Click here for the full judgement.

The London Reading College Ltd, R (on the application of) v Secretary of State for the home department [2010] EWHC 2561
The Administrative Court found that the revocation of a college's licence to sponsor international students was carried out in a procedurally unfair way because it was not told at any time prior to the decision of criticisms which formed the reasons for revoking the decision. The UKBA decision to revoke a Tier 4 licence was procedurally unfair and in breach of European Convention of Human Rights 1950 Protocol 1 Article 1. Click here for the full judgement.

LM (Article 8-married appellant-proportionality) v Secretary of State for the home department UKUT 379 (IAS)
The UT dismissed an Article 8 ECHR appeal and found that it was proportionate for an appellant (a Jamaican national) who was married to a BOC to return to Jamaica where the appellant had family members including children and connections even though her husband who was settled in the UK was on invalidity benefit. The UT found that A and her her husband could reasonably return to Jamaica notwithstanding his links to UK and medical position. Click here for the full judgement.

VN (EEA rights-dependency) Macedonia [2010] UKUT 380 (IAC)
The Upper Tribunal found that other family members (Article 3(2)a of Directive 2004/38/EC) dependence had to be shown both in the UK and from the country from which they have come. Click here for the full judgement.

MS (para 277 age restriction-Somalia) [2010] UKUT 377 (IAC)
The Upper Tribunal found no breach of Article 8 ECHR in a situation where a refugee with limited leave living in the UK married to a woman who was refused entry clearance to join him. The refugee's spouse was under 21 and was living without permission in Ethiopia. UT accepted that there was substantial interference for a refugee to have to visit Ethiopia to spend time with his wife but they found that it was in accordance with the law and proportionate given that she was under the age of 21(effective from Nov 2008 was the increased age requirement for marriage from 18-21). The UT found that there were no obstacles for the refugee husband to continue visiting his wife until she was 21.

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