Issue 18 - 19th June 06

Monday 19 June 2006

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Legislation

Nationality, Immigration and Asylum Act 2002, s. 9 was brought into force on 5.6.6 (for the purpose of making subordinate legislation) and in every other respect, will come into force on 1.7.6 by the Nationality, Immigration and Asylum Act 2002 (Commencement No. 11) Order 2006 SI 2006/1498. Section 9 introduces a new definition of 'father' into the British Nationality Act 1981, s. 50. Read more

The British Nationality (Proof of Paternity) Regulations 2006 SI 2006/1496 make provision as to how paternity is to be proved for the purpose of the new definition of 'father' in British Nationality Act 1981, s. 50(9A)(c).
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The Immigration, Asylum and Nationality Act 2006 (Commencement No. 1) Order 2006 SI 2006/1497 brings the following provisions of the new Act into effect on 16.6.6: section 10 (s. 110 of Nationality Immigration and Asylum Act enabling SSHD to make grants to advisory and welfare organizations ceases to have effect); section 30 (amending Immigration Act 1971, s. 3(9) re proving the right of abode. Permits the right of abode to be proved by an ID card issued under the ID Cards Act 2006); section 43 (amending various provisions relating to the accommodation of asylum seekers and failed asylum seekers); section 48 (amends Immigration and Asylum Act 1999, s. 10 with the effect that when a person is notified of a decision to give directions for his or her removal under that section, the decision has the effect of invalidating any leave previously given to the person); section 56 (introduces extremely broad new powers for the Secretary of State to deprive a person of citizenship simply on the ground that such deprivation is 'conducive to the public good'); section 60 (enabling the Secretary of State to pay expenses in connection with the Act. On 30.6.6, section 45 will come into effect amending existing provisions relating to 'integration loans'. Read more

Strasbourg

In Lupa v Romania the European Court of Human Rights decided that deporting the applicant from Romania where he had lived for 14 years, where he had a partner, a child and a business interfered with article 8, notwithstanding that his partner and child could visit him in Serbia. His deportation was on grounds of national security. It was contrary to article 8(2) because not in accordance with the law owing to the inadequacy of the procedural protections against arbitrariness and in particular, the failure by the authorities to particularize the national security allegation. Read more

In Singh v UK the parties settled the claim that refusal of entry clearance to a couple's adoptive child breached article 8 ECHR with the government paying £18,500 non-pecuniary damages; £6,500 pecuniary damages and £17,475 legal costs. Read more

The same issues had already given rise to litigation in the UK - Read more

Publications

Amnesty International Report on Europe's involvement in 'extraordinary renditions'
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UNHCR Guidelines on Formal Determination of the Best Interests of the Child.
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