Issue 13 - 15th May 2006

Monday 15 May 2006

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Government and Parliament

The Home Office have revised their guidance concerning asylum applications from both accompanied and unaccompanied children. For more info Click Here


The United Nations stated on 5 May 2006 that the human rights crisis in Sudan's Darfur region is in some respects worse than 18 months ago, humanitarian aid is declining, the national security apparatus inspires fear among hundreds of thousands of internally displaced persons (IDPs), and rebel attacks are reported to be causing massive displacements. Fore more info Click Here

Case law

The Tribunal found, in RM (Kwok On Tong: HC395 para 320) India [2006] UKAIT 00039 (18 April 2006), that if any of the 'mandatory refusal' reasons set out in immigration rule 320 applied to an application, a subsequent appeal would have to be dismissed. However, the fact that an application falls foul of the discretionary parts of the general refusal rule are not fatal to an appeal, and where they are not raised by the original decision maker, the judge might find this to be a case that had already been treated as not one of those that 'normally' would have fallen foul of them. Read more

The Tribunal considered the effect of the decision maker considering an application under the wrong immigration rule in CP (Section 86(3) and (5); wrong immigration rule) Dominica [2006] UKAIT 00040 (03 May 2006). Although this would make the decision other than one that was in accordance with the law, this could be remedied on appeal, unless the immigration judge lacked relevant evidence, in which case the appeal might have to be allowed only in part, leaving the original decision maker to reconsider the case on the requirements where evidence was lacking.
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In SH (Baha'is) Iran CG [2006] UKAIT 00041 (27 April 2006) the Tribunal found that an Iranian Baha'i will be able to demonstrate a well-founded fear if, on the particular facts of the case, he or she is reasonably likely to be targeted by the Iranian authorities (or their agents) for religious reasons, albeit that they did not possess a well founded fear of persecution simply on account of their religion. Read more

In OI (Notice of decision: time calculations) Nigeria [2006] UKAIT 00042 (10 May 2006) the Tribunal noted that notices of decision from Entry Clearance Officers should always be dated and bear proof of their means of service. ECOs should ensure that they give out accurate information regarding appeal deadlines. Read more

The Tribunal in RH (Para 289A/HC395, no discretion) Bangladesh [2006] UKAIT 00043 (18 April 2006) found that the Immigration Directorate's Instructions regarding domestic violence, which gloss the relevant immigration rules, limit the acceptable proof of domestic violence to those documents specified in the policy. Read more

The Divisional Court, in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2006] EWHC 1038 (Admin) (11 May 2006), examined the effect of the Constitutional Order which declared that no person has the right of abode in Chagos Archipelago, nor the right without authorisation to enter and remain there. The Chagossians were thus effectively exiled. The Court found that the Order, concerned as it was only with the interests of the United Kingdom and of the United States, conspicuously failed to take account those of the population. Read more

In Gonzales v Thomas 547 US (2006) the US Supreme Court found that the 9th Circuit of the US Court of Appeals had exceeded its jurisdiction in its ruling as to membership of a particular social group. Read more

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

Newcastle University is planning a conference on refugee law on 20-21st September
2006 to which academic and practitioner delegates are welcome.
Please email:


Immigration, Asylum and Nationality Law I.A.N.L. (2006) Vol.20 No.1 features a number of articles of interest to practitioners. Featured articles deal with the Disability Discrimination Act 1995 (DDA) and the Human Rights Act 1998 in terms of ensuring equal treatment for disabled persons in the immigration context; changes in British legislation for partner and family immigration from 1955-2005; and the issue of validity in terms of marriage registration for immigrants and parties from ethnic minorities.
To order Click Here

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