Issue 28 - 18th September 2006

Monday 18 September 2006

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News

URGENT CALL: The Refugee and Asylum Seeking Children's Project is under threat of Closure
Unless further funding can be obtained imminently the Project will be shut down.
Find out what can be done to save the project.

Statement of Changes in Immigration Rules Cm 6918
A new 'Statement of Changes in Immigration Rules', Command Paper 6918, was laid before Parliament on 18 September 2006 under section 3 (2) of the Immigration Act 1971. The changes in this document take effect on 9 October 2006. Read more

The Government reply to the fifth report from the Home Affairs Committee session 2005-06 HC 775
The Secretary of State for the Home Department has today (Monday 18th September 2006) presented the Command Paper " Cm 6910 - Immigration Control " to Parliament. Read more

Right to Work for New AccessionState Members
Bulgarian and Romanian nationals will not be given the automatic right to work in Britain once their countries join the EU, John Reid, the Home Secretary, indicated yesterday.

Mr Reid said that migration from the two former communist countries, which are due to join the EU on January 1, had to be managed carefully. Officials emphasised that no formal decision would be made until the accession of Bulgaria and Romania was confirmed by Brussels in a few weeks. Read more

HNHRC continues meetings in Geneva
On 19.9.06 The enhanced United Nations Human Rights Council discussed forced disappearances, minority issues, and the fundamental freedoms of indigenous people as it continued its second session in Geneva. This second session of the Council, set up earlier this year to replace the much-criticized Human Rights Commission opened on 18.9.06 and will run until 6 October. Read more

Fall in Asylum Applications
Asylum applications in most industrialized countries continue to drop, largely due to fewer people applying in Europe after the introduction of more restrictive policies as well as to improved conditions in some of the main countries of origin, according to latest United Nations statistics released today. The report, based on provisional data provided to the UN High Commissioner for Refugees (UNHCR) by governments, indicates that during the first six months of 2006, 134,900 asylum applications were submitted in Europe, North America, Australia, New Zealand and Japan - a drop of 14 per cent over the same period last year. The applications are 15 per cent lower than the previous semester - July to December 2005. Find our more

KONGRA-GEL and KADEK cited as being aliases for the PKK
On 14.8.06 by negative resolution the government added Kongra-Gel and KADEK to the proscribed organizations list under the Terrorism Act 2000 in that they were in that the are alleged to be aliases of eth PKK

Cases

HGMO (Sudan CG) [2006] UKAIT 00062
'(1) This case gives country guidance in relation to the removal to Khartoum of certain Sudanese nationals. It replaces as country guidance the cases of AE (Relocation-Darfur-Khartoum an option) Sudan CG [2005] UKAIT 00101 and MH (Darfurians: relocation to Khartoum?) Sudan CG [2006] UKAIT 00033.

(2) Neither involuntary returnees nor failed asylum seekers nor persons of military age (including draft evaders and deserters) are as such at real risk on return to Khartoum.

(3) A person will not be at real risk on return to Khartoum solely because he or she is of Darfuri origin or non-Arab Darfuri origin. Neither at the airport or subsequently will such a person face a real risk of being targeted for persecutory harm or ill treatment.

(4) A person of Darfuri origin or non-Arab Darfuri origin can in general be reasonably expected to relocate to Khartoum. If that person were in practice compelled to live in an IDP camp or a squatter area in Khartoum, this would not expose the person concerned to a real risk of serious harm or ill treatment contrary to Article 3 or conditions which would be unduly harsh, according to the legal tests in Januzi [2006] UKHL 5, since there is no marked difference between conditions in such camps and squatter areas and the living conditions for most persons living in Sudan.

(5) In any event, it cannot automatically be assumed that a returnee who is of Darfuri origin or non-Arab Darfuri origin will be reasonably likely to have to live in such a camp or area - it will be for an appellant to prove this in his or her case.

(6) An appellant will be able to succeed on the basis of medical needs only in extreme and exceptional circumstances.

(7) There will, nevertheless, be limited categories of Darfuri returnees who will be at real risk on return to Khartoum. Each case will need to be considered on its own individual merits, taking account of all relevant circumstances, considered individually and cumulatively. The Tribunal considers that the following can be said to constitute particular risk categories (see further paragraph 309 of the determination):
a) persons of non-Arab Darfuri origin from one of the villages or areas of Darfur which are "hotspots" or "rebel strongholds" from which rebel leaders are known to originate;
b) persons (including certain students) whose conduct marks them out as oppositionists or anti-government activists;
c) tribal leaders;
d) persons who whilst in the United Kingdom have engaged in activities which the Sudanese government is likely to know about and regard as significantly harmful to its interests;
e) female returnees, if they are reasonably likely to be associated with a Sudanese male of adverse interest to the authorities or if it is reasonably likely that they would have no alternative but to become a female-headed household in an IDP camp or squatter area.'

AA (Zimbabwe CG) [2006] UKAIT 00061
'A failed asylum seeker returned involuntarily to Zimbabwe does not face on return a real risk of being subjected to persecution or serious ill-treatment on that account alone.

SM and Others (MDC - internal flight- risk categories) CG [2005] UKIAT 00100 is reaffirmed. Two further risk categories are identified: those whose military history discloses issues that will lead to further investigation by the security services upon return to HarareAirport and those in respect of whom there are outstanding and unresolved criminal issues.

A deportee from the United Kingdom who, having been subjected to the first stage interview at the airport, is allowed to pass through the airport is likely to be the subject of some monitoring in his home area by the local police or the CIO but the evidence does not indicate a real risk of persecutory ill-treatment for those who are being monitored solely because of their return from the United Kingdom.

The general country conditions are extremely difficult but those difficulties will not generally be sufficiently severe to enable an appellant to rely upon article 3 to resist removal.'

HH (Serbia) [2006] UKAIT 00063
'1. There is no objection to a sponsor being a representative, as long as he is not acting "in the course of a business". 2. Whether the sponsor is the representative depends on whether there has been notification that he is the representative. 3. When a sponsor is the representative it will normally be proper to allow him to give evidence as well as making submissions (unlike the case where there is a professional representative). 4. Substantial compliance with the requirements of Rule 8 is sufficient to render an appeal valid.'

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