Issue 11 - 2nd May 2006

Tuesday 2 May 2006

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Government and Parliament

Minister for Immigration, Citizenship and Nationality Tony McNulty announced that the worker registration scheme for nationals of the newest EU member states will continue beyond 1 May 2006, noting that applicants have helped fill vacancies in parts of the economy experiencing labour shortages and have helped to deliver public services, without impacting on the unemployment rate for resident workers. Click Here for more info

The Home Secretary Charles Clarke wrote to the Public Accounts Committee to inform them that, between February 1999 and March 2006, 1023 foreign national criminals, who should have been considered for deportation or removal, completed their prison sentences and were released without any consideration of deportation or removal action. Click Here for more info

The report of Sarah Woodhouse, Monitor of Certification of claims as unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002, was published on 26 April 2006. It concludes that the system lacks adequate procedural safeguards against errors in Home Office decision making.

The Home Secretary has responded, welcoming some aspects of the report but denying that there has been a lack of access to judicial review or that challenging certification resulted in long spells in detention. Click Here for more info

The European Union's Justice and Home Affairs Council, sitting from 27th until 28th April 2006 in Luxembourg, have produced a series of conclusions regarding strengthened practical cooperation in the field of asylum.
Click Here for more info

News

Organisers of a national strike on Monday 1 May 2006 by immigrants living in the United States are hoping millions of workers will participate to show the country how important illegal immigrants are to the US economy.
Click here to read more

Middle East Online recorded that amid rampant violence, armed groups have started to target Palestinians in Iraq. The UNHCR has warned it is increasingly concerned about the situation of Palestinians who live in Baghdad, as well as conditions for those on the Iraqi-Jordanian border. Click here to read more

Case Law

The cases of Tum and Dari, on the rights of Turkish nationals to establish themselves in business, are listed before the ECJ on 18 May. To vew the reference Click Here

The Tribunal has ruled that because different consequences flow from a successful human rights appeal that succeeds under Article 3 as opposed to Article 8, an appellant who succeeded only under the latter Article was free to seek reconsideration of his failure under Article 3. See AS (Appeals raising Articles 3 & 8) Iran [2006] UKAIT 00037 (18 April 2006) To view the case Click Here

In AH (Scope of s103A reconsideration) Sudan [2006] UKAIT 00038, the Tribunal considered the approach to reconsideration hearings. They noted that, the process being a reconsideration, in general the Tribunal should always adopt those parts of a previous decision which are not shown to be unsound. On second stage reconsideration, an Appellant is not prevented from raising arguments that were rejected by the Senior Immigration Judge who ordered reconsideration. To view the case Click Here

Seminar and training providers

EIN Training
EIN will be visiting Newcastle upon Tyne on Friday 16th June (at Newcastle University) for a course running from 1.00pm-5.30pm (4 hrs CPD) at which they will be putting their website through its paces. Call 0845 458 4151 to book.

Events Reminders
NewcastleUniversity is planning a conference on refugee law in mid September 2006 to which academic and practitioner delegates are welcome. The contact is Kate Morris on k.morris@ncl.ac.uk

Publications
A major review of some of the most pernicious aspects of Europe's recent human rights record by Garden Court barrister Frances Webber has been published by the Institute of Race Relations. The review, which covers over one hundred cases, examines a number of prosecutions brought against individuals who, through their humanitarianism, have sought to assist asylum seekers or undocumented migrants. Click Here to read more and order your copy.

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