Issue 141 - 1st June 2009

Monday 1 June 2009

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Returned failed asylum seekers have been subject to torture in the Democratic Republic of the Congo an investigation this week has revealed: read more


In ZO (Somalia) & Anor, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 442, the Court of Appeal held that fresh applications for asylum could benefit from the provisions of EC Directive 2003/9 which sets out minimum standards for the reception of asylum seekers.

Whilst in FH (Bangladesh) v Secretary of State for the Home Department [2009] EWCA Civ 385 it was held that an Immigration Judge had erred in failing to consider a Home Office policy (the long residence concession) that been in force at the time of the appellant's application but had been withdrawn by the time (a period of two years and nine months later) the Secretary of State made the decision. Furthermore, the delay in making a decision constituted culpable and undue delay on the part of the Secretary of State and produced conspicuous unfairness.

There were three new reported decisions from the Tribunal this week. In HA (Conduct of hearing: evidence required) Somalia [2009] UKAIT 00018, it was held that where reconsideration is sought on the basis of the way the appeal was conducted, it will not normally be granted without evidence on the point in question, by way of a statement of truth from the representative, accompanied by a contemporaneous note of the proceedings. read more

Whilst in LA (para 289A: causes of breakdown) Pakistan [2009] UKAIT 00019 for the purposed of considering whether the "relationship was caused to permanently break down before the end of that period as a result of domestic violence", the Tribunal must be careful to assess the evidence in the round, looking at the totality of the evidence and remembering that a broken marriage may have ended before the parties separate and the marriage may have broken down as a result of domestic violence even if other grounds are given in matrimonial proceedings or raised before the Tribunal.

In SH (A2 nationals-worker authorisation exemption) Bulgaria [2009] UKAIT 00020, the Tribunal held that the exemption afforded by the Accession (European Economic Area) Regulations 2006 to A2 nationals legally working in the United Kingdom at the date of accession and for an uninterrupted period of 12 months is not contrary to either the relevant Accession Treaty provisions or to the general EU principle of proportionality.


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

Garden Court Summer Seminar Programme
Click here to download
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Gardem Court Chambers Judicial Review Conference
Wolfson Theatre, LSE New Academic Building, 54 Lincoln's Inn Fields, London WC2A 3LJ
Date: Wednesday 17 June 2009 from 09:30 to 17:00
Cost: £125 + VAT (Charity/NGO £95 + vat)
For more information please email

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