Issue 1 - 13th February 2006

Monday 13 February 2006

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Government and Parliament

The Immigration, Asylum and Nationality Bill had its report stage in the House of Lords on 7 February. The Bill proposed removal of appeal rights - including in-country variation appeals, appeals against refusal of entry clearance (except in defined circumstances), and modifying appeal rights against national security deportation; a new employers' liability scheme; vast new information-gathering powers etc. The Lords agreed amendments which retain some in-country variation appeal rights. Click here for the full text.

Mongolia was added to the list of countries in s 94 Nationality, Immigration and Asylum Act 2002 to be certified as countries where there is generally no risk of persecution, by the Asylum (Designated States) (No 2) Order 2005, SI 2005/3306, in force 2 December 2005. The same order designated Nigeria and Ghana as such countries in respect of men only. Click here for the full text of the order.

Immigration rules were amended by HC 769 as from 9 January 2006 to permit visiting religious workers to come to the UK to perform non-pastoral duties, including performing religious rites, reading holy books, but not preaching, for up to two years. The category does not lead to settlement. Click here for the text.

A further amendment, HC 819, laid on 23 January 2006 to take effect on 12 February 2006, makes the visitor rules applicable only to adults, and requires children visiting the UK to demonstrate that they have parents or guardians at home, and to have entry clearance as accompanied or unaccompanied child visitors. Click here for the full text.

Cases

Szoma v SSHD [2005] UKHL 64, [2005] 3 WLR 955, HL: a national of a country party to the Council of Europe Social Charter, who was an asylum seeker in the UK on 'temporary admission' under s 11 Immigration Act 1971, was 'lawfully present' for the purposes of the Social Security Consequential Amendment Regulations 2000, SI 2000/263, and was eligible for welfare benefits. Click here for further information.

Look out for forthcoming article in Legal Action by Duran Seddon and Sue Willman.

R (Faulkner) v SSHD [2005] EWHC 2567 (Admin), 1.11.05): reasons required for immigration detention; Click here for futher information.

R (Rahimi) v SSHD [2005] EWHC 2838 (Admin, 21.11.05: threshold for 'realistic prospect of success' for a fresh asylum or human rights claim is a low one; Click here for further information.

YD (Turkey) v SSHD [2006] EWCA Civ 52: The CA had an inherent jurisdiction to order the secretary of state to refrain from removing an appellant in an asylum case on the filing of an out of time application for permission to appeal, but would require a strong case. Click here for futher information.

Ariaya v SSHD [2006] EWCA Civ 48: on Eritrean draft evader claims; Click here for further information.

K v SSHD [2005] EWCA Civ 1627: Tribunals should not reject expert evidence on the basis that the expert has not been to the country reported on.

Sezen v Netherlands: application of the balancing test re expulsion decision and refusal to issue a new residence permit

Rodrigues da Silva and Hoogkamer v Netherlands (50435/99), 31.1.06: child in custody of Dutch father; expulsion of Brazilian mother unlawfully in Netherlands breached Article 8;

Tuquabo-Tekle v Netherlands (60665/00), 1.12.05: refusal to allow family reunion to child separated by parents? flight from persecution: breach art 8.

Click here for ECtHR reports; key in name of applicant

Policy

NASS PB 85: 'Dispersing asylum seekers with health care needs', 1.12.05 (deals especially with HIV/AIDS and psychiatric patients); Click here for further information.

Commentaries/reports

Barnardos, 'The end of the road: families and section 9 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, November 2005;' Click here for further information.

Detention of Refugees: Australia has given up mandatory detention because it damages detainees' mental health; BMJ 2006:332, 251-252, 4 February 2006; Click here for further information.

Imigration law seminars

10th March 06 Trafficking for sexual and labour exploitation - an all day conference costing £85 + VAT.

11th May 06 Crime and immigration seminar - a free evening seminar.

29th June 06 Labour and business migration - a free afternoon seminar

For further information please click here

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