Issue 22 - 17th July 2006

Monday 17 July 2006

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News

On Friday 14 July the British Medical Journal published an article highlighting the UK's violation of the human rights of failed asylum seekers by restricting access to health care. Read more.

The European Council has published a Proposal for a Council Regulation amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of MemberStates and those whose nationals are exempt from that requirement. The Commission is proposing that British Overseas Territories Citizens (BOTC), British Overseas Citizens (BOC), British Subjects and British Protected Persons (BPP) be placed in Annex I, and so treated as third country nationals who must be in possession of visas when crossing the external borders of Member States. Read more

John Reid is to launch a major shake-up of immigration policy as part of a wider Home Office revamp. Amongst other measures, the home secretary is considering plans to disqualify directors whose companies give work to the estimated 570,000 foreigners illegally in the UK. Read more

Decrying a 'reversion to violence' in Sudan's conflict-hit Darfur region, despite a recent peace deal, United Nations Secretary-General Kofi Annan called for an end to hostilities and urged donors to support the African Union mission there, saying it was critical to act now to safeguard the agreement and stop further bloodshed. Read more

Home Office

Draft versions of the Refugee or Person in need of International Protection (Qualification) Regulations 2006 that will come into force on 9th October 2006, and the new Immigration Rules on asylum, entered the public domain.

Refugee or person in need of international protection Regulations 2006

Draft immigration rules to implement council directive 2004/83/EC

Cases

In the case of Saadi v. the United Kingdom (Application no. 13229/03) the ECtHR found that potential immigrants, whether they are applying for asylum or not are not 'authorised' to be on the territory. Accordingly, detention is permissible if it is a genuine part of the process to determine whether the individual should be granted immigration clearance and/or asylum, and if it is not otherwise arbitrary, for example on account of its length. However the Court found that a delay of 76 hours in providing reasons for detention is not compatible with the requirement of the provision that such reasons should be given "promptly". Read more

In Gedara, R (on the application of) v Secretary of State for the Home Department [2006] EWHC 1690 (Admin) (10 July 2006) the High Court found that a State cannot fulfil its obligation to provide practical protection for its citizens against, for example, insurgents, without service from security forces, comprising policemen and soldiers. Where, by reason of their service, they become exposed to the risk of harm, the ambit of the State's duty to protect them does not extend to the risk of harm arising from protection they have provided to fellow citizens.
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