Issue 165 - 10th December 2009

Friday 11 December 2009

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News

The Royal Colleges of Paediatrics and Child Health, GPs, Psychiatrists and the UK Faculty of Public Health, have said detention of children and their families in removal centres for failed asylum seekers causes "significant harm" and should be ended without delay. Read more.

From January 2010, skilled migrant workers and their dependants will receive an identity card for foreign nationals. Read more.

Conservative party plans to introduce a cap on immigration numbers coming to UK are criticised. Read more.

The opening of the operations centre at the heart of a new £1.2bn computer system - planned to monitor every person who enters or leaves of the UK - has been delayed by staff training. Read more.

Statement of changes in immigration rules
HC 120 including provision for the final phase of the roll-out of Tier 4 (students) with effect from 22 February 2010; other changes with effect from 1 January 2010. Read more.

Cases

In R (MS, AR & FW) v SSHD [2009] EWCA Civ 1310 the CA upheld the judge's decision dismissing the claimant's claims for judicial review of the SSHD's decisions to grant them only temporary admission to the UK. The HL decision in Khadir compelled the court to treat 2002 Act, s 67(2)(b) as covering all circumstances in which there remained some prospect of removal and ending only when there was simply no possibility of removal: Read more.

In R (Cart and others) v The Upper Tribunal & Special Immigration Appeals Commission [2009] EWHC 3052 (Admin) Laws LJ in the Divisional Court considered the extent to which the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the SIAC (especially as regards bail) and the Upper Tribunal as are not amenable to any form of appeal. Read more.

In R (Aguilar Quila) v SSHD [2009] EWHC 3189 (Admin) Burnett J dismissed a judicial review challenge - brought on grounds of irrationality, Art 8 incompatibility and unlawful discrimination based on age - to the legality of the immigration rule, HC 395, para 277, to the effect that a spouse and sponsor must be 21 or over in order for the immigrant spouse to be granted leave to enter or remain in the UK. Read more.

In ZQ (serving soldier) Iraq CG [2009] UKAIT 00048 the AIT held that (1) there is no reason to seek to develop special principles of refugee law to deal with cases of soldiers (the case of Fadli has to be applied in the light of subsequent decisions of the higher courts as well as in the light of the Protection Regulations); (2) in general, serving soldiers cannot expect to be protected against military violence and as a general rule, though subject to exceptions, fears a soldier may have about having to perform military service cannot give rise to a refugee claim; (3) previous country guidance on Iraq, especially as regards Yazidis, is revised. Read more.

Events

On Monday 11 January 2010 Edward Nicholson & Allan Briddock present a course on refugee spouses and their families & further submissions in asylum cases for HJT Training at 1 Liverpool Street London EC2M 7QD. Read more.

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