Issue 113 - 3rd November 2008

Monday 3 November 2008

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News

The Australian Government has announced an investigation into reports that up to 20 rejected asylum seekers from Afghanistan were killed after being returned. more info

The judicial arm of the Economic Community of West African States (Ecowas) ruled that Niger had failed in its obligations to protect a 24 year old woman who had been sold into slavery at the age of 12. The court dismissed a second element of the case that accused Niger's government of legitimising slavery through customary laws that it was argued discriminated against women. more info

The Asylum and Immigration Tribunal has admitted making inappropriate remarks about Dr Alan George and issued a public apology and have agreed to pay costs and damages. Dr George had accused the Tribunal of libel over comments made in the original version of SD (expert evidence) Lebanon [2008] UKAIT 00078 more info

The delivery plan for the student tier of the points system was announced by the UK Border Agency this week. Under the new system, which is to implemented by March 2009, colleges and universities who want to teach non European Economic Area (EEA) nationals, must have a licence issued by the Agency. Licensed institutions can then sponsor non EEA students to come to study in the UK. more info

The Legal Services Commission has launched a 12 week consultation prior to receiving bids for the 2010 civil contracts. more info

Cases

This week there are three decisions from the Court of Appeal. The Court firstly found in DW (Jamaica) v Secretary of State for the Home Department (2008) CA (Civ), that where a decision of the Asylum and Immigration Tribunal to dismiss the claimant's appeal against deportation had been based on a misdirection of law, namely that someone who committed a serious custodial offence in the United Kingdom could not be permitted to remain there, its decision could not stand as it was not inevitable that it would have come to the same conclusion if properly directed.

Secondly in RO (India) v Entry Clearance Officer (2008) CA (Civ), it was found that an immigration judge had made no error of law when ruling that three sisters from India, who were all over 18 years old, should be allowed entry clearance to join their mother in the United Kingdom on the basis of family ties. Finally in KN (Iran) v Secretary of State for the Home Department (2008) CA (Civ), the Court of Appeal found that the AIT was entitled to conclude that an Iranian asylum seeker was of no continued interest to the Iranian authorities and that various mental and physical health issues were, of themselves, insufficient to render his removal to Iran contrary to his European Convention on Human Rights 1950 rights. At the time of writing all three decisions are without full neutral citations.

Events

HJT Training are organising a course on 'Advocacy in the AIT' on the 11th November 2008 in London. For more details contact HJT at www.hjt-training.co.uk or alternatively on 01322 424694

Justice are hosting 'Extradition, Deportation & Removal; Protecting Rights Across Borders' on the 14th November 2008 in London For further details and booking details click here or (020) 7393 7859

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