Issue 37 - 4th December

Monday 4 December 2006

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The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 provide the procedure under which a person can apply for and obtain a Certificate of Entitlement to Right of Abode in the United Kingdom.  More info

The Home Office warns that persons planning to apply for indefinite leave to remain (or settlement) in the UK will need to be aware of the introduction of new rules for applications made on or after 2 April 2007.  They will require applicants to show that they have a sufficient knowledge of language and life in the UK in order to qualify for settlement.  More info


The Tribunal in JY (Effect of following AE) Sudan [2006] UKAIT 00084 ruled that there is nothing in Januzi that discloses any error of law in the determination of the Tribunal in AE, so it was not an error of law for other divisions of the Tribunal to regard the country guidance issues in that determination as authoritative. They added that following Januzi there is unlikely to be much scope for a claimant to show that it would be unreasonable or unduly harsh for him to relocate, unless he can show that he would face a real risk of Article 3 ill-treatment in so doing. More info

In NH (Female BOCs, exceptionality, Art 8, para 317) British Overseas Citizens [2006] UKAIT 00085 the Tribunal found that was applied in a manner which discriminated between men and women on the grounds of marital status, which might in some cases constitute truly exceptional circumstances as required in Huang.  More info

In RP (proof of forgery) Nigeria [2006] UKAIT 00086 the Tribunal found that where the Entry Clearance Officer alleged that a document provided by the appellant was forged but failed to make good any allegation of forgery to a high degree of proof, their bare assertion could not stand by itself as though it were evidence.  More info

In PO (interests of the state, Article 8) Nigeria [2006] UKAIT 00087 the Tribunal found that as it is only in very limited circumstances that the interests of the state and wider community in the maintenance of effective immigration control can not carry a heavy weight, the existence of an evident need on the part of the state and wider community in the UK presently for trained teachers does not demonstrate that the co-existing interests of the state and wider community in effective immigration control is no longer imperative.  More info

In DM (Timing of funding application) Zimbabwe [2006] UKAIT 00088 the Tribunal found that whilst administrative convenience would suggest that a request for a Funding Order be made at the time of the application for reconsideration, there is no legislative basis for that requirement. The Tribunal would not wish to discourage appellants from the benefit of legal representation by imposing an over restrictive approach to Funding Orders.  More info

In Covarrubias v. Canada (Minister of Citizenship and Immigration), 2006 FCA 365 (CanLII) the Federal Court of Canada found that the appellants were unable to expand the law so as to create a new human right to a minimum level of health care. However, there remained the chance of a legitimate claim for protection where an applicant can show that he faces a personalized risk to life on account of his country’s unjustified unwillingness to provide him with adequate medical care, where the financial ability is present - for example, where a country makes a deliberate attempt to persecute or discriminate against a person by deliberately allocating insufficient resources for the treatment and care of that person’s illness or disability.  More info


Refugee Qualification Directive

Thursday 1st February 2007   5pm – 8pm  3 CPD human rights

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 “international protection" cases.   Book Now


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