Issue 120 - 22nd December 2008

Monday 22 December 2008

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News

The UK Border Agency announced this week that it is not intending to remove the existing controls on Bulgarians and Romanians. Workers who do not qualify under the immigration rules continue to be restricted to the Seasonal Agricultural Workers Scheme (SAWS) and the Sector Based Scheme (SBS) for food processing.

The Agency has also started to roll out its identity card scheme for foreign nationals. The Biometric enrolment for these cards - which will include having digital photographs taken and fingerprints recorded - will take place at the UK Border Agency's new Vulcan House building in Sheffield

Brand new research published today by the Refugee Council shows UK border controls in countries outside Britain are failing to protect refugees who may be fleeing persecution in their home countries.

The Council of Europe has signalled its disappointment with the decision of the Italian Government to deport Mr Mourad Trabelsi to Tunisia on 13 December. The Italian authorities expelled Mr Trabelsi, a Tunisian national, in spite of the fact that the European Court of Human Rights had granted an interim injunction under Rule 39 of the Rules of the Court preventing his removal.

Cases

In DL (DRC) v The Entry Clearance Officer, Pretoria [2008] EWCA Civ 1420, the Court of Appeal concluded that a refugee who subsequently obtained citizenship, forfeited his refugee status. Members of his family who then sought entry to the United Kingdom to join him had to satisfy the ordinary immigration rules dealing with applications by family members, rather than those rules dealing with applications to facilitate family reunion for refugees.

In SI (expert evidence, Kurd, SM confirmed) Iraq CG [2008] UKAIT 00094, the AIT held that the failure by the respondent to adduce expert evidence cannot give expert evidence submitted by an appellant any greater value than it merits when considered alongside the rest of the evidence.

With particular regard to the KRG in Iraq, following SM and Others (Kurds-Protection-Relocation) [2005] Iraq CG UKAIT 00111, it was found that the official justice system falls short of demonstrating that all persons who are tried there will face a process that would amount to a flagrant denial of the notion of a fair trial. The guidance given in SM regarding relocation of a Kurd from the KRG to central or southern Iraq also remains valid.

Legislation

The UK Borders Act 2007 (Commencement No. 5) Order 2008 SI 2008/3136 brings into force, on 6th January 2009, S.21 addressing the issuing of a code of practice, designed to ensure that in exercising functions, the BIA takes appropriate steps to ensure that while children are in the UK, they are safe from harm and Ss. 51, 52 and 53 of the Act for all other purposes.

The UK Borders Act 2007 (Code of Practice on Children) Order 2008 SI 2008/3158 brings into force, on the 6th January, the UKBA Code of Practice on Children, which is designed to ensure that UKBA takes appropriate steps to ensure that children in the UK are safe from harm.

Events

On the morning of 15 January 2009 JCWI will be running a course, "Permanent residence and settlement in the UK", in London.

On 23 January 2008, HJT Training will be hosting their annual conference regarding immigration judicial review, featuring Richard Drabble QC and Hugh Southey, at Landmark Chambers 180 Fleet Street, covering a general update on unlawful detention, challenges to Home Office policy, legacy cases, fresh claims, in-country appeals, and a look at tactics, funding, procedure and urgent removals

On Tuesday 27 January 09 ILPA have a course, Challenging Immigration Detention, an update, central London, from 4-7.15pm; the speakers are Graham Denholm, 1 Pump Court, and James Elliot, Wilson and Co Solicitors (3 CPD hours).

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