Issue 140 - 28th May 2009

Thursday 28 May 2009

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The Home Secretary Jacqui Smith announced in Parliament on Thursday last week the UK Border Agency's new policy on applications for settlement from members of the Brigade of Gurkhas and their families. She said: "Our new guidance will reflect the will of the House, while remaining affordable and consistent with our broader immigration policy. All former Gurkhas who retired before 1997 and who have served more than four years will now be eligible to apply for settlement in the UK."
For the full Ministerial statement click here

The Agency has also amended its policy on application for settlement for persons with leave to remain under the HSMP, in-order to reflect the decision of the Administrative Court in HSMP Forum (UK) Ltd., R (on the application of) v Secretary of State for the Home Department [2009] EWHC 711
more info

The Refugee Council's Asylum Support Partnership, has published a report looking at the destitution among asylum seekers, refused asylum seekers, and refugees. (more info)

The UNHCR has announced that some 45,000 Somali civilians have fled Mogadishu in past two weeks .A significant proportion of the displaced are heading towards the Afgooye corridor, south-west of Mogadishu, swelling the ranks of the sprawling, makeshift camps that have sprung up there in the last two years. These sites already host an estimated 400,000 people. (more info)


The House of Lords in Odelola v Secretary of State for the Home Department [2009] UKHL 25 have held that Applications for leave to enter or leave to remain had to be considered in the light of the version of the Immigration Rules in force at the date of decision and not according to whatever earlier version was in force at the time when the leave application was made. Where an application became doomed to fail because of a subsequent change in the Rules, it was entirely fair for the secretary of state to refund the application fee to the applicant.
(more info)

Two extradition decisions. Firstly, in Farnesi & another v Italy DC (Sir Anthony May, President QB, Blake J) 19/5/2009 that European arrest warrants for the extradition of individuals to Italy had sufficiently particularised conduct alleged to constitute extradition offences and were valid for the purposes of the Extradition Act 2003 s.2(4)(c). Whilst in Taylor v Governor of Wandsworth Prison [2009] EWHC 1020 (Admin), that there was no justification for reopening a determination of the Divisional Court dismissing a requested person's appeal against extradition where he had recourse to the Secretary of State for the Home Department who was required to exercise her rights compatibly with rights under the European Convention on Human Rights 1950.


HJT - Advocacy in the AIT / Challenging the AIT - One Day Course
Date: 4th Jun 2009, 9.30am - 4.30pm
Venue: Lecture Room, Arlington House, Bloom Street, Salford, Manchester, M3 6AJ
Booking email:


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