Issue 144 – 22nd June 2009

Tuesday 23 June 2009

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News

The UKBA has rejected calls for an amnesty for illegal immigrants. see

In responding to a report on suspected war criminals in the UK, published by the Aegis Trust, the UKBA has given the clearest indication so far of the intention to bring into force Part 10 of the Criminal Justice and Immigration Act 2008 and "special immigration status". see

Border and Immigration Minister Phil Woolas MP has given figures on removals and voluntary departures of foreign nationals in responding to the House of Commons Public Accounts Committee report "Management of Asylum Applications". see

The UKBA has announced that asylum applicants claiming to be from Palestine or Kuwait may in future be asked to have their language analysed to check that they are not in fact from elsewhere. see

Twenty detainees have been refusing meals at the Yarl's Wood centre in a protest over medical care. see

Trades Unions, along with the TUC and other organisations, are supporting the Refugee Council's Let Them Work campaign calling for asylum seekers to be permitted to work. see & see

Citizens Advice Bureau is calling for publicly-funded legal representation for asylum support appeals. see

Cases

In AS (Somalia) v SSHD [2009] UKHL 32 the House of Lords rejected the appellants' claim that 2002 s.85(5) - which precludes the AIT from considering, on an appeal against a refusal of entry clearance, matters arising after the date of the decision - is incompatible with their Art. 8 ECHR rights. Nor can s. 85(5) be 'read down' as per HRA 1998, s. 3(1). see

In Sonmez and others v SSHD [2009] EWCA Civ 582 the CA held that the AIT had erred in law in FS (Breach of conditions: Ankara agreement) Turkey [2008] UKAIT 00066 in applying the principle that no lawful claim could be based on an illegal act (ex turpi causa non oritur actio); her appeal was remitted. The majority of the court however held that the Community law principle of abuse meant that the appeals of the other three Turkish appellants, who had breached conditions of their student leave by setting up in business hoping to benefit from the EU Association Agreement with Turkey and its standstill clause, fell to be dismissed. see

In AK (Sri Lanka) v SSHD [2009] EWCA Civ 447 the CA stated that "further submissions", in immigration rule 353 (fresh claims) meant merely representations, short or long, reasoned or unreasoned, advanced on asylum or human rights grounds; and that the test for a "realistic prospect of success" for a fresh claim under rule 353 was whether there was more than a fanciful prospect of success.

Events

On Tuesday June 30, from 4 - 7 pm, at a London venue, HJT Training is running the course "Challenging the Tribunal", a practical guide to review and reconsideration, presented by Geri Peterson. see

 

 

 

 

 

 

 

 

 

 

 

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