Issue 16 - 5th June 06

Monday 5 June 2006

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News

The Home Office has published its quarterly report of asylum statistics. There were 6,455 applications for asylum in the first quarter of 2006, an increase of 5% on the last quarter of 2005 (6,165), but 8% lower than the same time last year (7,015). The top applicant nationalities were Zimbabwe (755), Eritrea (745) and Iran (570). The IND made 6,260 initial decisions this quarter, an increase of 11% on the previous quarter (5,645).
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The Department of Work and Pensions has said that it is to change its system for allocating national insurance numbers 'as soon as possible' in response to media reports last week that jobcentre staff have been issued with guidance that says that a NI number should be issued even if there were suspicions about an individual's immigration status.
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Court of Appeal

In K v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2006] EWCA Civ. 682, the Court of Appeal found that the Tribunal had erred in not properly considering expert evidence which showed that KDP police would not be able provide sufficient protection for an Iraqi Kurd involved in a blood feud. Brooke LJ. held that what was in issue was not their willingness to do their best but whether the KDP were capable of providing the applicant with adequate protection. Applying NOUNE v SSHD [2001] INLR 526, he held that it was not necessary for the applicant to show that a state's protective machinery had totally collapsed before he could successfully claim refugee status. Click Here for more info

In the Administrative Court

In R (on the applications of D & K) v SECRETARY OF STATE FOR THE HOME DEPARTMENT & ORS [2006] EWHC 980 (Admin); Davies J. held that in a case where the applicants were in detention with a view to their respective claims being dealt with under the fast track procedure. A failure to carry out medical examinations on asylum seekers within 24 hours of their arrival at a detention centre was unlawful and in breach of the Detention Centre Rules. Moreover a medical practitioner compiling a report for the purposes of the Detention Centre Rules, should not be precluded from expressing a view that injuries on a detainee's body were consistent with allegations of torture made by that detainee. Read more

Publications

The UNHCR has published its third periodic report on the Human Rights situation in the Sudan. The report focuses on the impact of the conflict in Darfur and in particular the persistence of sexual and gender-based violence in Darfur. The report also considers the ill-treatment and detention of those who voice their human rights concerns in the Sudan; detention facilities in Khartoum and Darfur and emerging human rights issues in Eastern Sudan. Read more

Garden Court Chambers Seminars

Free Immigration Seminar - The new Citizens' Directive and EEA Regs. 4-7pm
13th June 2006.
Click Here for more details and to book

Other seminars and training providers

ILPA, On Thursday 8th June 2006, will be presenting a course on family and dependant relative applications.
Click here for more details.

HJT Training is holding a Country of Origin Information Conference on Wednesday 28th June 2006. Click here for more details

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