Issue 159 - 29th October

Thursday 29 October 2009

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News

A controversial article about the possibility that numbers of trafficked women are exaggerated entitled "prostitution and trafficking - the anatomy of a moral panic" by Nick Davies dated 20th October 2009. Read more.

On 21st October 2009 the Migration Advisory Committee recommended adding teachers in special schools and skilled meat boners and trimmers to be recognised as occupations where UK is in need of immigrant labour. Read more.

Cases

In AS (Afghanistan) and NV (Sri Lanka) [2009] EWCA Civ 1076 the Court of Appeal held by a majority that in relation to grounds other than refugee and human rights grounds (which could be raised in any event) that where a one - stop notice is served the appeal covers not only any ground before the Secretary of State when he made the decision under appeal but also any grounds raised in his response to a "one stop notice" even if they had not been the subject of any decision by Secretary of State and do not relate to the decision under appeal. Read more.

In Mowleed Mohammed Hussein v SSHD [2009] EWHC 2506 QBD (Admin) (Sales J) 14th October 2009 the Administrative Court re-affirmed found that a wilful failure of an individual to cooperate with the removal process where removal was possible was an important consideration to take into account when considering the legality of detention. Permission to appeal to Court of Appeal granted. Read more.

GS AFGHANISTAN (Article 15 © : indiscriminate violence) Afghanistan Country Guidance[2009] UKAIT 00044, 19th October 2009. This case follows the European Court case of Elgafaji v staatssecretaris van Justitie [2009] 2 CMLR 45 and CA case of QD and AH v SSHD [2009] EWCA Civ 620. The Tribunal found that there was not such a high level of indiscriminate violence at the present time such that a civilian would solely by being present face a real risk which threatens the civilians life or person such as to entitle them to the grant of humanitarian protection pursuant to Article 15© of Qualification Directive. The Tribunal also found consistent with earlier case law that it was not unduly harsh or otherwise unreasonable for a young healthy man to return to Kabul. They also found that there was safe access to Jalalabad. They identified the possibility of there being enhanced risk categories of risk on return to Afghanistan eg teachers by virtue of their status or those with disabilities but went no further than to identify the possibility that enhanced risk categories may exist but would need to be proven. Read more.

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