Issue 137 – 5 May 2009

Tuesday 5 May 2009

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Legal Bulletin No 137 - 5 May 2009

News

The Home Office has reached the maximum issuing level for Japanese nationals for the period ending 31 December 2009 and will no longer be accepting new applications for this year. Japanese applicants may next apply from 1 January 2010 (more info)

The Migration Advisory Committee (MAC) published the first review of the shortage occupation lists for skilled workers coming to the United Kingdom from outside the European Economic Area. The MAC has responded to the current economic climate by suspending quantity surveyors and managers in construction from the shortage occupation lists. The MAC also recommended removing social workers save for children and families; changing the skill threshold for care assistants and chefs; and adding orchestral musicians, visual effects and computer animation technicians and contemporary dancers (more info)

Cases

Sedley LJ in the Court of Appeal in Y (Sri Lanka) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 362 (29 April 2009) delivered a coruscating critique of a decision of Immigration Judge Woodhouse, and in so doing, finally resolved the long-standing litigation in J Sri Lanka in the Appellant's favour. Where the anticipated self-harm would be the consequence of the acts of security forces abroad, in contrast with the case envisaged in N of a naturally occurring illness, then a suicide attempt would be, if it were to occur, the product of fear and humiliation brought about by the brutality to which both appellants were subjected before they fled. The subjective reality of fear has to be given its full weight. The Court clearly hoped to reverse the effect of reasoning often seen in suicide risk cases to the effect that, apart from an asylum-seeker who actually commits suicide, only one who comes close enough to succeeding to manifest a serious intent is going to be regarded as presenting a serious risk of suicide on return (more info)

Toulson LJ in the Court of Appeal in JS (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 364 (30 April 2009) considered the impact of exclusion clause

Article 1(F)(a) on Sri Lankan cases. Disapproving aspects of Gurung in the Tribunal, a decision maker ought to apply these principles in order to determine if there was a joint enterprise liability: 1. there has to have been a common design which amounted to or involved the commission of a crime provided for in the statute; 2. the defendant must have participated in the furtherance of the joint criminal purpose in a way that made a significant contribution to the crime's commission; and 3. that the participation must have been with the intention of furthering the perpetration of one of the crimes provided for in the International Criminal Court statute (more info)

Aikens LJ refused permission to appeal to the Court of Appeal in RK (Nepal), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 359 (30 April 2009), finding that the court has to respect the fact that where the Home Office has made an "immigration decision" against the applicants that was stated to be made under section 10 of the 1999 Act, it fell within section 82(2)(g) of the 2002 Act and so was only capable of appeal from "out of country" (more info)

The Tribunal in TL and Others (sur place activities - risk) Burma CG [2009] UKAIT 00017 (28 April 2009) noted that despite the release of some long term detainees no significant or reliable change has occurred in the approach of the authorities in Burma to be able to say that the human rights situation there is any better than it was at the time the Tribunal in HM (Risk factors for Burmese citizens) Burma CG [2006] UKAIT 00012 promulgated its determination. The identities and roles of genuine activists in Burmese pro-democracy organisations based in London are likely to be known to the Burmese authorities. Participation in demonstrations outside the Burmese embassy in London by Burmese nationals is likely to be recorded by the Burmese authorities in London and made known to the Burmese authorities in Burma. Those Burmese nationals participating on a regular basis are likely to have been photographed by the Burmese authorities and identified (more info)

Events

On Monday May 18th in Birmingham and Monday May 11th in Manchester HJT Training is putting on its popular Immigration Judicial Review Conferences (a full day, 6 CPD hours) to mark the arrival of the Administrative Court in the Midlands and North West. (more info)

Simon Cox of Doughty Street Chambers is giving a course "Update on immigration rights under the Turkey-European Union Community Agreement" for ILPA on Wednesday 13 May 2009, London, 5.30pm - 8.45pm (more info)

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