Issue 109 - 6th October 2008

Monday 6 October 2008

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News

Phil Woolas was appointed as successor to Liam Byrne as Immigration Minister, in last week's reshuffle. Byrne's tenure in the post was considered such a success, he has now been promoted to the Cabinet. Woolas, in his first interview, has said that he wants to further toughen the current legislation and expressed sympathy with a campaign led by Frank Field who has called for a statutory limit on the number of foreigners allowed to settle in Britain. Times news story

The Migration Advisory Committee has published its first report recommending shortage occupation lists for the United Kingdom and Scotland. The shortages lists identify occupations recommended to the UK Border Agency for the purpose of Tier 2 of the points based system.

The Council of Europe Parliamentary Assembly has expressed concern about elements of the draft counter-terrorism legislation in the United Kingdom that would enable the detention of a terrorist suspect for up to 42 days without charge, with only limited judicial review.

The Council has also published a periodic report on the United Kingdom, under the remit of the European Committee for the prevention of torture and inhuman or degrading treatment or punishment. The report criticised, inter alia, lengthy detention in police custody, particularly for terrorism related offences, without transfer to a prison and deprivation of the right to access to a solicitor.

Cases

In the Administrative Court, Blake J held in Limbu & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2008] EWHC 2261 (Admin) that a discretionary policy allowing Gurkha veterans who had been discharged before July 1997 entry clearance to settle in the United Kingdom, only where they could establish a sufficient connection with the UK was unlawful.

Whilst in Ahmed, R (on the application of) v Asylum Support Adjudicator & Anor [2008] EWHC 2282 (Admin) Silber J. held that Reg.3(2a) of the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005 did not require the Secretary of State to be satisfied that a returnee could safely return to his former place of habitual residence. It only required that the returnee could return to his country of origin.

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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