Issue 20 - 3rd July 20063

Monday 3 July 2006

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News

Charging "failed" asylum seekers for healthcare is having a devastating human impact and the policy should be scrapped immediately, the Refugee Council explain in a new report. Read more

A failed asylum-seeker has been 'unfairly sentenced' to 12 years' jail in Syria after being forcibly returned from the UK, according to Amnesty International. Muhammad Osama Sayes, 30, was jailed on 25 June after he was convicted of belonging to the banned Muslim Brotherhood. Amnesty said Sayes was tried by the 'notoriously unfair' Supreme State Security Court, whose trials fall short of international standards. Read more

On July 1st the senior United Nations envoy to Iraq condemned "in the strongest possible terms" deadly bombing in Baghdad as well as the kidnapping of an Iraqi member of parliament, calling for his immediate release. Read more

Director General of IND, has written to the chairman of the Home Affairs Select Committee providing the most accurate available data to on the foreign national prisoners who were not considered for deportation.
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Cases

In Malaba v Secretary of State for the Home Department [2006] EWCA Civ 820 (21 June 2006) the Court of Appeal wrote that in assessing the adequacy of a fact-finding exercise, an appellate tribunal expects findings to be adequately reasoned so as to demonstrate that it has adequately and conscientiously addressed the issue of fact which has arisen. That is particularly important when it is the credibility of an applicant which is in issue. A lack of reasoning may demonstrate a failure adequately to address the fundamental question: Is the applicant telling the truth?
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In HE (Bidoon - statelessness - risk of persecution) Kuwait CG [2006] UKAIT 00051 HE (Kuwait CG)[2006] UKAIT 00051 the AIT found undocumented Bidoon still face such a level of discrimination in a range of ways in Kuwait as to continue to be the victims of persecution. Recent improvements in education and health care are not such as to tip the scale. Read more

In AR (Kurd: not risk per se) Syria CG [2006] UKAIT 00048 (07 June 2006) the Tribunal found that a Syrian Kurd with no political history does not face a risk of persecution or breach of his human rights on return to Syria.
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In Case C‑540/03 the ECJ considered allegations by the European Parliament as to whether Directive 2003/86/EC, which addresses the right to family reunification of minor children of third country nationals, respects fundamental rights and, in particular, the right to respect for family life, the obligation to have regard to the best interests of children and the principle of non-discrimination on grounds of age.
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Events

Nicola Rogers and Rick Scannell will be training for ILPA on The Citizens Directive and its domestic implementation by the Immigration (European Economic Area) Regulations 2006, on Monday 10 July 2006 in London at the St Bride Institute. Click Here for more info

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