Immigration Law Bulletin - Issue 238 - 2 August 2011

Tuesday 2 August 2011

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News

The UK Border Agency has announced that Rob Whiteman will replace Jonathan Sedgwick as chief executive. For more information click here.

The Legal Services Commission has published further information on how it intends to re-allocate unused new matter starts previously allocated to the IAS. for more information click here.

The chief inspector of prisons Nick Hardwick has condemned the UKBA for "a distressing and inhumane practice" of taking detainees to the airport as "reserves" for others being deported. Click here to read more.

UNHCR on Thursday marked the 60th anniversary of the UN Refugee Convention. Click here for more information.

Government changes to those entitled to ESOL training mean almost 80,000 people across England could lose the right to free language classes. Click here for more information.

Cases

Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895
The Court of Appeal held that the general principle that successful parties in legal proceedings were entitled to costs was equally applicable to Government departments. Click here to read the full judgement.

AAO v Entry Clearance Officer [2011] EWCA Civ 840
It was held that financial dependency was not of itself sufficient to demonstrate a relationship which goes beyond normal emotional ties (as per Kugathas v Secretary of State for the Home Department, [2003] EWCA Civ 31). Click here to read the full judgement.

OM, R (on the application of) v Secretary of State for the Home Department [2011] EWCA Civ 909
The Court of Appeal found that though the detention of a mentally ill appellant was unlawful due to a failure by the Secretary of State to consult her own policy, she was not entitled to damages as she could have been lawfully detained if the policy had been applied. Click here to read the full judgement.

MH(Algeria) v Secretary of State [2011] EWCA CIV 901
The Court of Appeal found that the Secretary of State was right to reject a fresh claim in the case of an Algerian national who had exhausted appeal rights in 2004 and had submitted a 4th set of further representations in support of a fresh claim a few days before he was due to be removed. The Court found that the SSHD was entitled to find that the fresh evidence was incredible and could have been adduced earlier. Click here to read the full judgement.

AR v Secretary of State for the Home Department [2011] EWCA CIV 857

A failed and destitute Somalian asylum seeker challenged removal directions to Mogadishu and argued that his detention was unlawful. The Court of Appeal found that the SSHD could justify detention as at the point he was detained pending removal there was no legal impediment to remove him to Somalia in domestic law nor had a rule 39 application been made. The SSHD was not under a legal obligation to anticipate a rule 39 indication.

In addition, the Court of Appeal rejected the ground of appeal that there had been an absence of a fact sensitive assessment which rendered A's removal and detention unlawful. A had been totally disbelieved in the asylum process and was not identified as being from a risk category. In the absence of further representations from his legal representatives, the SSHD was entitled to proceed with removal without undertaking a further risk assessment enquiry. Click here to read the full judgement.

Legislative changes

The European Court of Human Rights has issued a new Rule 39 practice direction. Click here for further information.

Training

Introduction to Immigration Law
On Tuesday 6th September HJT Training offer their comprehensive four day course "Introduction to Immigration Law" for those wishing to accredit at Level 2 with the Law Society/Legal Services Commission, or Level 3 with the OISC. For further information click here.

 

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