Issue 103 - 25th August 2008

Monday 25 August 2008

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News

The government is reviewing the immigration appeals process, and there are proposals for a new appeals system that could be in place by June 2009, featuring a First-Tier and an Upper Tribunal to replace the Asylum and Immigration Tribunal. The Upper Tribunal may take over much of immigration judicial review. More info

In his latest Viewpoint, the Council of Europe's Commissioner for Human Rights, Thomas Hammarberg, underlines the need to understand the history of Roma people to avoid repeating tragic mistakes done in the past. "The rhetoric from some politicians and xenophobic media has revived age-old stereotypes about the Roma. Once more, it is argued that they are a threat to safety and public health. This is not only shameful but also dangerous." More info

The European Commission sought an order from the European Court of Justice to declare that the Kingdom of Spain, by not adopting the laws, regulations and administrative provisions necessary to transpose Council Directive 2004/81/EC 1 of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities and, in any event, by not communicating those provisions to the Commission, had failed to fulfil its obligations under Article 17 of that directive. More info

The Home Office is transforming its systems for producing certificates of entitlement to the right of abode issued within the United Kingdom to make them more secure. More info

Over 99 per cent of foreign nationals from outside the EEA will be tracked in and out of Britain by 2010, through targeting of higher risk countries, by the electronic border system "e-Borders" which will see every passenger being counted in and out of Britain and checked against immigration and security watch-lists by 2014. More info

Cases

In AH (Iran) (R on the application of) v Secretary of State for the Home Department [2008] EWCA Civ 985 (6 August 2008) the Court of Appeal ruled that the petition for leave to appeal to the House of Lords in Nasseri does not of itself justify a stay of removals of asylum seekers to Greece, at least where the asylum seeker is a national of a country to which the evidence is that Greece is not returning failed asylum seekers.

In TG (Central African Republic) v Secretary of State for the Home Department [2008] EWCA Civ 997 (15 July 2008) Buxton LJ indicated that practitioners should be aware that it will not be appropriate in future to rely upon the fact that in Chikwamba in the House of Lords the matter was not remitted, to argue that a case should not be remitted from the Court of Appeal.

In Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2008] EWHC 2048 (Admin) (21 August 2008) the Secretary of State for Foreign and Commonwealth Affairs was ordered to make available certain information and documents in confidence to lawyers acting for a foreign national previously resident in the United Kingdom, arrested in Pakistan and held by the United States at Guantanamo Bay, and now charged with offences which may carry the death penalty. The Court in ordered the Foreign Secretary to produce documents and information specific to the applicant regarding rendition, arrest and detention, but not general information as to extraordinary rendition generally, to assist him with his defence. Nevertheless the Foreign Secretary was in all the circumstances entitled to give the highest weight to considerations of national security when deciding whether to provide voluntary disclosure.

Events

There is a course on Challenging immigration decisions, appeal rights and other remedies given by Steve Symonds of ILPA on Monday 8 September 2008, Leeds, 2.30-.415pm.
www.ilpa.org.uk
HJT Training are running a Deportation Appeals Course (Grace Brown) on Thursday 18 September from 16:00 to 19:00,

 

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