Issue 135 - 23rd April 2009

Thursday 23 April 2009

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The UK Border Agency has published a new customer charter and customer strategy. The charter proposes to help service users, by committing the Agency to specific service and delivery standards. It also explains how service users can assist the Agency in dealing with applications.

The UK Border Agency has also amended its instructions concerning Section 4 support.

A group of academics are threatening to boycott the government's new immigration rules for students, saying orders that they monitor international students' movements are discriminatory. news story

There has been a marked increase in unaccompanied minors entering the UK in the last 8 months. A total of 957 children, including more than 400 from Afghanistan and 200 from Africa, were picked up by local authorities between April 2008 and the end of the year. The figures represent a 90% increase compared to the annual rate of arrivals over the previous three years. news story

The Council of Europe Commissioner for Human Rights, in his annual report on Italy, has raised serious concerns about the situation of Roma, migration policy and practice, and the non-respect of binding interim measures requested by the European Court of Human Rights. The Commissioner is particularly critical of an Italian census of the Roma community. Of the draft law on public security for its possible negative effects on migrants' rights and a recent provision introduced by the Senate which allows medical personnel to report to the police undocumented migrants who access health services.

Case Law

In JO Nigeria v Secretary of State for the Home Department [2009] EWCA Civ 318, Laws LJ., somewhat reluctantly, granted permission to appeal in a case of a Nigerian homosexual who not been found credible on findings that relied largely on plausibility. He reiterate that it was generally unsatisfactory to make assessments of what is or is not plausible in another country when not finding an appellant credible.

Four Rwandans have successfully resisted extradition to face charges related to the Rwandan genocide in Vincent Brown & Others v (1) Rwanda and (2) the Secretary of State for the Home Department [2009] EWHC 770 (Admin). Sullivan and Laws LJ's held that there was a real risk that they would suffer a flagrant denial of justice under Art. 6 ECHR, if they were returned to Rwanda.

In the Administrative Court, in HSMP Forum (UK) Ltd., R (on the application of) v Secretary of State for the Home Department [2009] EWHC 711 (Admin), it was found that the Home Office had acted unlawfully, when dealing with applications under the HSMP, by applying a new qualifying period of five years instead of the four years qualifying criterion that was applicable to the applicants when they joined the programme.


Peter Jorro and Mark Symes of Garden Court Chambers are giving a course for ILPA updating colleagues on Refugee and International Protection Law, on Wednesday 22 April 2009, at a London venue, 4.00pm - 7.15pm, for 3 CPD hours.

Nichola Carter and Philip Barth, Penningtons Solicitors LLP are giving a course on "Risk and compliance under the new sponsorship and civil penalty regimes. A guide to protecting clients and advisers" for ILPA on Tuesday 21 April 2009, London, 2.00pm - 5.15pm.


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