Issue 12 - 8th May 2006

Monday 8 May 2006

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Government and Parliament

Commission Regulation (EC) No 635/2006 of 25 April 2006 repealed Regulation (EEC) No 1251/70 on the right of workers to remain in the territory of a MemberState after having been employed in that State. Click Here to read more


A growing number of gay and lesbian Americans are being forced to leave the United States and resettle in Britain, where new immigration rules grant them the same rights as straight couples, according to the New York-based civil rights organisation Human Rights Watch. Click Here to read more

A report by Oakington Immigration Reception Centre's Independent Monitoring Board has slammed the Centre's detainee departure unit (DDU) where people at serious risk of self-harm are held for close monitoring. The Board noted that the detention unit echoed prison conditions, "hardly suitable for these vulnerable people who feel they are being punished by this confinement, on top of their other problems".
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Case Law

The Court of Appeal in Ali v Secretary of State for the Home Department [2006] EWCA Civ 484 (03 May 2006) found that the rights under Article 18 of the European Community Treaty are expressly stated to be "subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect", which include the various Directives which contain various restrictions on the right of residence. Click Here to read more

In the Divisional Court in Al Rawi & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs & Anor [2006] EWHC 972 (Admin) (04 May 2006), the judgesfound that there was much to commend the Claimants arguments (regarding their detention at Guantanamo Bay)that they were being detained unlawfully or at the very least detained in breach of their fundamental right to have the lawfulness of their detention determined by a court, and that whilst in detention they were at risk of being subjected to torture and inhuman and degrading treatment contrary to the Torture Convention, and that the attitude of the Foreign and Commonwealth Office displayed undue, if not, supine, deference to the assurances given by the United States authorities. Nevertheless the executive judgments under challenge were taken in the context of a foreign policy decision which the court lacked the tools to evaluate. Click Here to read more

The New Zealand Refugee Status Appeals Authority in (Refugee Appeal No 73873; 28 Apr 2006) allowed the appeal of a stateless Palestinian whose former residence was in Egypt, noting that the Egyptian state and the Mubarak regime have long had an antagonism towards political Islam.
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There were no reported cases from the Tribunal in the last week.

Garden Court Chambers Seminars
Free Immigration Seminar - The new Citizens' Directive and EEA Regs. 4-7pm (3 cpd)
31st May 2006
13th June 2006 (repeated) Click Here for more info and to book a place.

Other seminar and training providers

ILPA - Thursday 18 May 2006 Lawrie Fransman QC will be giving a course on British nationality law including an overview of the development of nationality law to date, and covering relevant legislation up to and including the Immigration, Asylum and Nationality Act 2006.

Events Reminders

NewcastleUniversity is planning a conference on refugee law on 20-21st September 2006 to which academic and practitioner delegates are welcome.
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