Issue 124 - 2nd February 2009

Monday 2 February 2009

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NEWS

1. The Home Office have warned Universities and Colleges to sign up to the New Points System by February 2nd 2009 if they want to teach international students. The new points system goes live in March 2009. border and immigration agency website. More info

2. A report on children and Justice which calls for a more child friendly solution to justice. The report found that children should not be treated as criminals and that young offenders are children first and foremost and should be protected by all agreed human rights standards. More info

3. Report on Greece from Commissioner on Human Rights finds that Greece must improve the situation of asylum seekers and the authorities must improve asylum system and respect international human rights standards More info

 

LEGISLATION

HOME OFFICE UKBA: Asylum process guidance
Guidance for Asylum Team Case Owners within the BIA handling asylum applications through the integrated end to end case management process. "The guidance is a living document and is subject to change at any time." Latest changes noted: 4/2/09 Fraud investigations; 30/1/09 Language analysis; Visas: handling asylum claims from UK visa applicants; 28/1/09 and 30/1/09 Applicants with poor quality fingerprints; 27/1/09 Language analysis; Dependents on a support application - asylum appeal support form; Dependents on a support application - further information letter; Dependents on a support application - variation of support letter; Eligibility and assessment - statement of confidentiality; Third country cases referring and handling; Non-suspensive appeals; 21/1/09 Applicants with poor quality fingerprints; 21/1/09 Gender Recognition; 20/1/09 The Reason for Refusal Letters. See http://www.bia.homeoffice.gov.uk/

Home Office UKBA: Immigration Directorate Instructions (IDIs)
Internal guidance and information to Immigration and Nationality Directorate staff on the handling of on-entry and after-entry immigration applications. Latest changes noted, as at 4/2/09 Chapter 2 - Visitors; 30/1/09 Chapter 13, Section 5 - Revocation of deportation orders; 28/1/09 Chapter 13, Section 1 Deportation; 24/1/09 Chapter 13, Section 5 - Revocation of deportation orders (not on site); 23/1/09 Chapter 1 - Right of abode See https://www.bia.homeoffice.gov.uk/

CASES

4. In US (Nepal) v SSHD (2009) 27/1/2009 (unreported) the Court of Appeal found that the AIT had erred in law when they failed to look at relevant Immigration Directorate Instructions which set out a more generous and liberal policy in relation to abused domestic workers. In particular, the relevant IDI's revealed that the immigration rules required a fear of abuse to be established not actual serious abuse. Notwithstanding this error of law the AIT was found not to have materially erred in law because it had carefully considered the evidence of the domestic worker and did not believe that she had suffered actual serious abuse. Given the poor credibility finding in relation to actual abuse the AIT found that there was no material error of law.

5. R (on the application of ALI OCZELIK) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2009) (unreported)
The time taken to process an application of a Turkish immigrant for indefinite leave to remain in the United Kingdom did not count towards the one-year period of legal employment that would entitle him to remain in the UK under the EC-Turkey Association Agreement 1963 art.6(1). Although he was lawfully in the United Kingdom pursuant to the Immigration Act 1971 s.3C, he was not in legal employment, as his position whilst the application was processed was precarious and he was not in a stable and secure situation as a member of the UK labour force.

6. In Z and others v SSHD (2009) QBD (Admin) (CollinsJ) 27/1/09 (unreported) the Court decided that the SSHD was entitled to inform the Algerian authorities about personal details in a failed asylum seeker's case to effect a deportation order. The details which included personal details and involvement in GIA did not breach A's human rights given the assurances given by the country of origin to respect A's human rights.

7. MS (PALESTINIAN TERRITORIES) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2009) EWCA Civ 17
The Court of Appeal held that removal directions or potential removal directions future removal directions which were held not to be part of the immigration decision so could not be challenged by way of a statutory appeal under 2002 Act. If removal directions are in breach of international obligations then the remedy is Judicial Review. http://www.bailii.org/ew/cases/EWCA/Civ/2009/17.html

8. SA & IA (Syria CG, undocumented Syrian Kurds) [2009] UKAIT 00006 The Tribunal found that those with an anti regime profile whether in Syria or abroad would if genuine put an individual at risk on return everywhere in Syria. See http://www.bailii.org/uk/cases/UKIAT/2009

 

 

 

 

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