Issue 107 - 22nd September 2008

Monday 22 September 2008

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News

The UK Border Agency has published its code of practice for Tier 2 (sponsored skilled workers).

Council of Europe's anti-torture Committee has published its 18th General Report.

Bulgaria, Hungary, Poland, Romania, Slovakia, Slovenia, Austria and Germany, have undertaken to review and improve the quality of their refugee status determination systems. Under a quality initiative the eight countries aim to improve the entire process between the arrival of the asylum-seeker and the final status decision. More info

Cases

In HB (EEA right to reside, Metock) Algeria [2008] UKAIT 00069, the Tribunal found that the ECJ in Metock (Case C-127/08t 25 July 2008) merely established that that a family member of a Union citizen exercising Treaty rights, is entitled to a right of residence on the basis of the family relationship alone. Nevertheless, the family member was still required to meet Reg. 14(2) and Reg. 17 of the Immigration (European Economic Area) Regulations 2006.

In JB & Others (children of former British Overseas citizens - limits of NH) India [2008] UKAIT 00059, the Tribunal held being an overage child of former British Overseas citizen, should not be determinative of an appeal, but should be considered as part of the context in which the proportionality of exclusion must be assessed.

In KH (Funding-RS followed) Turkey [2008] UKAIT 00068, in reaffirming RS (Funding-meaning of 'significant prospect') Iran [2005] UKAIT 00138, the Tribunal found that, save in exceptional circumstances, the grant of an order for reconsideration means that a funding order will be made if applicable.

In further country guidance on Sri Lanka the Tribunal held in AN & SS (Tamils - Colombo - risk?) Sri Lanka CG [2008] UKAIT 00063 that in spite of the heightened security in Colombo, the background evidence does not show that Tamils in Colombo who have stopped supporting the Tigers, or who support parties opposed to them, are at real risk of reprisals, absent some feature bringing them to prominence.

In the Court of Appeal Criminal Division it was held in R v (1) Buriticia-Castrillon & (2) Omtade [2008] EWCA Crim 1972, that a sentence of 15 months' imprisonment for possession of a false identity document contrary to the Identity Cards Act 2006 s.25(1) was inappropriate and would be replaced by a sentence of 10 months' imprisonment where an appellant had used a false passport as a means of identification to obtain something to which they were entitled, namely to cash a cheque.

Courses

On Tuesday 7 October from 16:00 to 19:00 in London, HJT Training is running a course reviewing the main requirements of the supervisor's element of the Accreditation Course. It includes worked examples of model exam questions.

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