Issue 115 - 17th November 2008

Monday 17 November 2008

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News

The retired persons of independent means route will be closed from 27 November 2008. more info

The number of jobs available to foreign workers through the shortage occupation route will be reduced, the Government announced on 11 November 2008. The shortage occupation list sets out those jobs for which there are not enough resident workers, and will be used as part of the skilled worker tier (Tier 2) of the New Points System, which will be launched on 27 November. more info

Cases

In JS (Colombia) v Secretary of State for the Home Department [2008] EWCA Civ 1238 (12 November 2008) the Court of Appeal applied the N Kenya principle (ie that public policy requires an expression of deterrence and revulsion at the seriousness of the criminality where there have been serious crimes in the past) in a case where the deportee had been convicted of possessing crack cocaine with intent to supply, and had pleaded guilty and been sentenced to two years imprisonment. The absence of recent re-offending did not outweigh the public policy interest.

In NB (Guinea) & Anor v Secretary of State for the Home Dept [2008] EWCA Civ 1229 (13 November 2008) Jackson LJ in the Court of Appeal considered Procedure Rules 23(4) and 23(5) (relating to the advance notice received by the Home Office of the result of an appeal) and which, he stated, are unpalatable, for it is undesirable that a litigant should receive or appear to receive preferential treatment from a court or tribunal even in relation to administrative matters such as the promulgation of judicial decisions. However, the mere fact that the Home Office had failed to serve the determination on the asylum seeker, whilst a procedural error, does not automatically invalidate the reconsideration proceedings.

In PS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1213 (06 November 2008) Sedley LJ noted that the characterisation of soldiers' conduct as no different from that of civilian rapists was unsustainable, for, unlike ordinary criminals, the soldiers were in a position to commit and repeat their crime with no apparent prospect of detection or punishment. He also observed that under the Qualification Directive, the single test of whether a fear of persecution or ill-treatment is well-founded is whether on the evidence there is a real risk of its occurrence or recurrence.

In Secretary of State for the Home Department v AR & Ors [2008] EWHC 2789 (Admin) (14 November 2008) Mitting J found that the Libyan Islamic Fighting Group (LIFG) remains, as it was found by the Special Immigration Appeal Commission in March 2007 to be, a risk to the national security of the United Kingdom.

Events

On Tuesday 2 December 2008, at Garden Court Chambers, London, from 4 - 7.15pm, Mark Symes and Peter Jorro are presenting a course "The Qualification Directive: The first two years of European refugee law and humanitarian protection" on behalf of ILPA.
www.ilpa.org.uk

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