Issue 148 - 27th July 2009

Monday 27 July 2009

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The UK Border Agency announced this week that it is changing its published policy on judicial review challenges in cases where they are seeking a removal. The changes to the policy will come into effect on 3rd August 2009. If an applicant issues a claim for a judicial review up to three months after their statutory appeal has been concluded, the UK Border Agency will no longer undertake to suspend removal. The same provision will also apply to a claim for judicial review up to three months after a judge has refused permission on a previous judicial review application. Read more.

The Agency has also this week amended its policy on the exclusion or deportation of individuals deemed to be engaging in certain kinds of unacceptable behaviour. Read more.


Two new reported decisions from the Tribunal this week. In MM (Status of recognised mandate refugees) Iran [2009] UKAIT 00029 it was held that there is no requirement for a state that is Party to the Refugee Convention to treat as a Convention refugee a person who has been recognised as a mandate refugee within the competence of the UNHCR. Read more.

In ZC & Others (Risk, illegal exit, loan sharks) China CG [2009] UKAIT 00028 it was found that individuals returning to China after having made unsuccessful claims for asylum are not reasonably likely to be imprisoned or subjected to administrative detention for having left China unlawfully; Those able to provide the authorities with information on loan sharks or snake heads are even less likely to be at risk of prosecution. Moreover the evidence does not establish that failed asylum seekers indebted to loan sharks will come to harm on return to China. Read more.


The new Borders, Citizenship and Immigration Act 2009 was given royal assent on 21st July. Read more.



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