Issue 36 - 27th November 2006

Monday 27 November 2006

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Parliament

Draft immigration access regulations: Bulgaria and Romania

The draft immigration accession regulations for the accession of Bulgaria and Romania on 1 January 2006 have been laid before parliament. Bulgarian and Romanian nationals will not have access to the labour market in the UK save through existing schemes and immigration rules applicable to non-EU nationals such as work permit and highly skilled migrants. Family members of Bulgarian and Romanian nationals working lawfully in the UK or who otherwise exercise Treaty rights will be permitted to work. Students will also be permitted to work for up to 20 hours a week in term time. Bulgarian and Romanian nationals cannot be prevented from exercising other Treaty rights such as being self-employed in the UK, service providers or self-sufficient persons. Click here to view the draft regulations.

 

Cases

 EM (LEBANON) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2006) 2006] EWCA Civ 1531, 21 November 2006

The appellant appealed against the decision to refuse her claim for asylum and direct her removal to Lebanon. She had obtained a divorce from her husband under Islamic law and custody of their son until his seventh birthday. She had therefore left Lebanon in order to avoid losing custody. The son had reached the age of ten and the Appellant’s case was that if she was returned to Lebanon her husband or a male relative on the husband's side would have custody of her son and she might or might not obtain visiting rights. The Court held that it is was necessary for the appellant to demonstrate that there would be a complete denial of her rights under Article 8 taken together with Article 14 in order to succeed. Since on the evidence that was not established, her claim that removal would be in breach of Article 8 together with Article 14 ECHR could not succeed.

 

R (on the application of AA (AFGHANISTAN)) v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2006] EWCA Civ 1550, 22 November 2006

The Secretary of State appealed against the judge's decision ((2006) EWHC 318 (Admin), (2006) ACD 44) to grant the application of AA for judicial review of the SSHD's decision to issue directions for his removal to Austria. AA had arrived in the UK and claimed asylum in December 2002 having travelled from Austria where he had claimed asylum. On April 2, 2003, the UK requested Austria, pursuant to the Dublin Convention, to accept responsibility for dealing with AA's asylum claim. Austria did so the following day. However, AA was not served with notice that directions had been issued for his removal until June 8, 2005. The judge concluded that it would be wholly unreasonable, after the lapse of more than two years, for AA to be transferred against his wishes to Austria. The Court of Appeal allowed the SSHD’s appeal finding that the judge’s findings were unsustainable and that AA could not succeed on Article 8 ECHR grounds. It was not for the Courts to punish the SSHD for his “deplorable" behaviour.

 

Reports

Report of the United Nations High Commissioner for Human Rights on the situation of human rights in Uganda: Situation in Kotido, Karamoja, from 29 October to 15 November 2006 issued by the United Nations High Commissioner for Human Rights on 23 November 2006.
In follow-up to a humanitarian and human rights assessment mission conducted by the United Nations and non-governmental organisations, the United Nations Office of the High Commissioner for Human Rights in Uganda (OHCHR) dispatched a fact-finding mission to Kotido district to inquire into alleged human rights violations since 29 October 2006. The mission reported a number of incidents from 29 October 2006 in which UPDF attacked civilians. The report finds that these events demonstrate the indiscriminate and excessive use of force by the UPDF and the failure of the Government of Uganda to take adequate measures to protect all persons under its jurisdiction. According to the report the actions of the UPDF do not comply with international human rights law and domestic law.

 

Garden Court Chambers Seminars

The Refugee Qualification Directive               

Thursday 1st February 2007   5pm – 8pm  3 CPD hrs

Presented by Femi Omere, Nicola Rogers and Ronan Toal

As from 10 October 2006, Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals and stateless persons as refugees or as persons who otherwise need international protection will rework the approach to refugee cases that must be

  • The Status of the Directive in Domestic Law
  • The Impact on Arguing Refugee Claims
  • “Subsidiary Protection"
  • Differences in Refugee Status and Subsidiary Protection Status
  • Practical Implementation in the UK

Click here to book a place on this seminar

                                                                          

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