Immigration Law Bulletin - Issue 235 - 11 July 2011

Monday 11 July 2011

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News

The Immigration Advisory Service [IAS] has gone into administration. IAS, is a not for profit charity and is the largest legal aid service provider for refugee and immigration work in the country. 200 staff have lost their jobs.Click here and here for more information.

New UKBA instruction on assessing age and information on age disputes in detention. Click here to read more.

Home Secretary, Theresa May wants to "reform" the operation of Article 8 ECHR in deportation cases. Click here for more information.

Cases

Al-Skeni and others v UK - 55721/07 [2011] ECHR 1093 and Al - Jedda v United Kingdom- 27021/08 [2011] ECHR 1092
The Grand Chamber of the European Court of Human Rights handed down its judgments in two linked cases of Al-Skeini and Al-Jedda. The cases concerned the killing and detention of Iraqi civilians by the United Kingdom armed forces in Southern Iraq. Both cases raised important issues of extra-territorial jurisdiction under Article 1 of the European Convention on Human Rights (ECHR). The judgments unequivocally confirm the extend and significance of the application of ECHR in territories outside the Council of Europe member states.

In Al-Skeini the Court found that civilians killed during security operations carried out by UK soldiers in Basra were within Article 1 ECHR jurisdiction of the UK and because the UK had assumed authority and responsibility for the maintenance of security in South East Iraq. The UK is required to conduct effective investigations into deaths in accordance with the positive obligation under Article 2 ECHR. Click here to read the full judgement.

In Al-Jedda the Court found that the applicant who had been detained for three years by UK forces without trial also fell within Article 1 ECHR jurisdiction of the UK was entitled to the protection of Article 5 ECHR. The Court rejected the Government's argument that a UN resolution to place an individual at risk to security of Iraq into indefinite detention without charge displaced any Article 5 obligation. Click here to read the full judgement.

AH V SSHD [2011] EWCA CIV 787
An Iraqi national appealed against a control order issued by the SSHD on grounds it was unlawful. Under the terms of the control order the Iraqi national was required 1) to live separately from his wife in a flat in Norwich 2) wear a tag 3) subject to a 14 hour curfew 4) surrender his passport 5) report daily 6) stay within specific geographical distance 7) permit police to search his residence 8) be restricted to one bank account 9) only allowed to use a landline. The appeal was dismissed. The Court found that the control order was lawful and did not breach Article 5 ECHR despite his restriction of liberty. Click here to read the full judgement.

 

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