Issue 166 - 21st December 2009

Monday 21 December 2009

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News

The Chief Inspector of Prisons has reported this week that detention conditions for women and children at Tinsley House Detention Centre are unacceptable. Read more.

The UKBA have revised again their Judicial Review guidance. They will now seek to continue with removal in cases where a previous removal has failed within the last ten days because of a technical reason. They will not automatically defer removal upon a threat of judicial review in cases certified on safe third country grounds or those designated clearly unfounded. They will also no longer automatically give 72 hours' notice of removal to those who are deemed to be disruptive or pose a threat to others. Read more.

Cases

The Supreme Court in Mahad (previously referred to as AM) (Ethiopia) v Entry Clearance Officer [2009] UKSC 16 have found that for applications under the Immigration rules r.281, r.297 and r.317, when considering whether the applicant can maintain themselves without recourse to public funds, it was acceptable to take third party financial support into account. Read more.

Sedley LJ in JA (Ivory Coast) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 1353 found that the principles in N v Secretary of State for the Home Department (2005) UKHL 31, (2005) 2 AC 296 did not apply in a case where the appellant's had lawfully entered the United Kingdom and were then diagnosed as HIV-positive and consequently given exceptional leave to remain so they could receive medical treatment. Their appeal should be considered on the basis of whether their removal would be proportionate. Read more.

Four new Country Guidance cases. In TK (Tamils, LP updated) Sri Lanka CG [2009] UKAIT 00049 the Tribunal reaffirmed LP (LTTE area - Tamils - Colombo - risk?) Sri Lanka CG [2007] UKAIT 00076, that only persons with a profile of affiliation with the LTTE are likely to be at risk. They also affirmed that country evidence should meet the standards set out in NA v UK, [2008] ECHR 616 and the Refugee Qualification Directive (2004/83/EC). Read more.

Revised guidance for post election Iran in SB (risk on return-illegal exit) Iran CG [2009] KAIT 00053. Persons who are likely to be perceived by the authorities in Iran as being actively associated with protests against the June 12 election results may face a real risk of persecution or ill treatment, although much will depend on the particular circumstances. Read more.

In AA (Non-Arab Darfuris - relocation) Sudan CG [2009] UKAIT 00056, the Tribunal held all non-Arab Darfuris are at risk of persecution in Darfur and cannot reasonably be expected to relocate elsewhere in Sudan. Read more.

In HA (Ethiopia, work permits, restrictions) Ethiopia CG [2009] UKAIT 00052, it found that a foreigner who wishes to be employed in Ethiopia will only be able to do so if there is no qualified Ethiopian for the activity in question. Read more.

Finally a reported decision of the Tribunal in NO (Post, Study Work, award needed by date of application) Nigeria [2009] UKAIT 00054, found that for post study worker applications under immigration rule 245Z, the applicant must have been awarded the requisite qualification in respect of which points are claimed by the date of the application. 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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