Issue 104 - 1st September 2008

Monday 1 September 2008

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News

In her Report on a full announced inspection of Tinsley House Immigration Removal Centre (published Wednesday 27th August 2008), the HM Chief Inspector of Prisons wrote that the Inspectors had particular concerns about the safety of children: staff could do little to mitigate the damaging effects of their detention, the length of which often extended into days or even weeks, with a lack of appropriate care planning and no formal links with local children's safeguarding arrangements. Not all staff had received child protection training. More info

"Building a Europe for and with children - Towards a Strategy for 2009-2011" is the title of a joint conference by the Council of Europe and the Swedish Government, to be held in Stockholm from 8 to 10 September. More info

The number of Eastern European migrants coming to work in the UK has fallen to its lowest level since accession, according to Home Office statistics. The figures show that between April and June 2008 there were 40,000 applications to the Worker Registration Scheme from nationals of the eight countries that joined the EU in 2004 - that's the lowest level since accession, a drop of 14,000 from the same period last year and a fall of 9,000 from the first three months of this year. More info

UN Security Council resolution 1801 (2008), on renewal of the authorization of member States of the African Union to maintain the African Union Mission in Somalia (19 August 2008; S/RES/1831), decides to renew the authorization of Member States of the African Union to maintain a mission in Somalia for a further period of six months, which shall be authorized to take all necessary measures as appropriate to carry out the mandate set out in paragraph 9 of resolution 1772 (2007) and underlines, in particular, that AMISOM is authorised to take all necessary measures as appropriate to provide security for key infrastructure and to contribute, as may be requested and within its capabilities, to the creation of the necessary security conditions for the provision of humanitarian assistance, and urges Member States of the African Union to contribute to AMISOM inorder to help facilitate the full withdrawal of other foreign forces and help create the conditions for lasting peace and stability there.

Cases

In TB (Jamaica) v Secretary of State for the Home Department [2008] EWCA Civ 977 (14 January 2008) Stanley Burnton LJ found that the Secretary of State had to respect a decision of an Immigration Judge finding a person to be owed protection obligations, and her failure to argue a point such as exclusion was no excuse to go behind that decision. The presumptions of dangerousness in section 72 Nationality Immigration and Asylum Act 2002 are to be applied generally, both by the Secretary of State when making a decision on an application for asylum and by the Tribunal on the hearing of an appeal. Once the facts giving rise to the statutory presumptions have been established, it would be an error of law for an Immigration Judge to fail to apply a presumption required by the section, irrespective of whether or not the Secretary of State had issued a certificate.

In Shashwar (R on the application of) v Secretary of State for the Home Department [2008] EWHC 2069 (Admin) (31 July 2008) Blair J in the Administrative Court found that the fact that the Home Office had refused to recognise an individual as a national of Iraq during the currency of the Rashid policy did not prevent that individual benefiting from it, where an Immigration Judge later accepted them their nationality to be as originally claimed.

Events

Glasgow Immigration Practitioners' Group is co-hosting along with the Scottish Refugee Council and the Murray Stable a conference on statutory review on Monday 24th November. The conference will be held at the Royal Faculty of Procurators in Glasgow City Centre. The keynote speaker will be Lord Reed, one of the Court of Session judges and a specialist in human rights law.

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 19:00pm

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