Issue 138 - 8th May 2009

Friday 8 May 2009

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In what has been a difficult week for the UK Border Agency, it has published responses to the growing pressure over Gurkha settlement rights: response and the news that trafficked children have disappeared from Local Authority care (more info)

The Agency has also had to announce that the new Tier 4 application for students is leading to delays in applicants receiving decisions under the revised system (more info)

The UK Border Agency also published last week its reply to responses to the consultation on changes to the Asylum and Immigration Tribunal (more info)


In dismissing a petition by the Secretary of State, the Judicial Committee of the House of Lords found that in Secretary of State for the Home Department v Nasseri [2009] UKHL 23 that the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 Sch.3 para.3 laid down an irrebuttable presumption that the removal of an asylum seeker to certain named countries would be lawful. However, the presumption did not preclude an inquiry into whether the individual's rights, under art.3 ECHR would be infringed by such removal, necessitating a declaration of incompatibility under the Human Rights Act 1998 s.4. (more info)

The Court of Appeal in Secretary of State for the Home Department v Omar [2009] EWCA Civ 383, found that it was inappropriate for the Secretary of State to seek to rely upon BR(Iran) v SSHD [2007] EWCA Civ 198 when applying for permission to extend the time for service of the notice of appeal, where the delay was caused by administrative errors on her part. (more info)

In TL and Others (sur place activities - risk) Burma CG [2009] UKAIT 00017, the Tribunal found that the existing country guidance given in HM (Risk factors for Burmese citizens) Burma CG [2006] UKAIT 00012 remained valid. With regard to applications sur place, it was held that 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. In addition there were additional factors which would trigger the attention of the Burmese authorities; a lack of a valid Burmese passport; absence of permission to exit Burma; previously having come to the adverse attention of the authorities as an opponent of the regime or having a connection with known political opponents. (more info)


The Immigration (European Economic Area) (Amendment) Regulations 2009 No. 1117

The Regulations amend the Immigration (European Economic Area) Regulations 2006 SI 2006/1003, to enable the Secretary of State to make exclusion orders on the grounds of public policy, public security or public health prohibiting an EEA national or family member of an EEA national from entering the UK. (more info)

The Immigration (Passenger Transit Visa) (Amendment) (No. 2) Order 2009 No. 1032

The Order amends the Immigration (Passenger Transit Visa) Order 2003, requiring citizens of Venezuela, Bolivia, Lesotho, South Africa and Swaziland to hold a transit visa to pass through the United Kingdom without entering whilst transiting to another country or territory. (more info)


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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