Issue 4 - 6th March 2006

Monday 6 March 2006

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Government and Parliament

The Legislative and Regulatory Reform Bill is currently passing through Parliament. It will enable ministers to 'reform' virtually any piece of legislation by statutory instrument. Click here for more information.

The Immigration (Passenger Transit Visa) (Amendment) Order 2006, SI 2006/493, in force from 2.3.6 adds Malawi to the list of countries whose nationals require transit visas.

The immigration rules relating to child visitors have been amended by HC 819. Click here for more information.

Case law

R v Makuwa[2006] EWCA Crim 175. The burden of proof is on the defendant in relation to all elements of the defence provided by Immigration and Asylum Act 1999, s. 31. If a defendant adduces sufficient evidence to raise the issue of refugee status, the burden is then upon the prosecution to prove to the usual standard that the defendant is not a refugee. With regard to the other elements of the defence, the burden remains on the defendant.

Ahmed v SSHD(2.3.6) CA - where the IAT remitted an appeal to what became the AIT there was no assumption that the AIT would not go behind findings of fact made by the original adjudicator unless the appeal was remitted on a specific or limited basis.

R(Ahmadzai) v SSHD[2006] EWHC 318 Admin (Bean J) - unexplained delay of two years on the part of the UK authorities in removing an asylum seeker to Austria, the country which had accepted responsibility for determining his asylum claim under the Dublin Convention was wholly unreasonable. The claimant was entitled to have his asylum claim determined in the UK.

JA (Ecuador)[2006] UKIAT 00013. Where the tribunal had decided that there was an error of law in the decision appealed against (stage 1 reconsideration) the tribunal at the second stage, substantively reconsidering whether the appeal should be allowed or dismissed, would follow the decision that there was an error of law save in exceptional circumstances. If the reasons given for the stage 1

decision were inadequate, the stage 1 tribunal would be asked to complete its task by giving further reasons.

Aoulmi v France(2006) 17.1.06, AG 2001815. The European Court of Human Rights held that there was no breach of article 3 or 8 caused by removal of the applicant to Algeria but that there had been a breach of article 34 as a result of removing him before the conclusion of proceedings in the Court, thereby hindering his right of effective petition.


Success and Failure under Labour: Problems of Priorities and Performance in Migration Policy. Will Somerville, JCWI / Immigration Rights Project Series. Click here for more information.

Immigration law seminars

Garden Court Chambers seminars

11th May 06 - Crime and immigration seminar - a free evening seminar - 1.5 cpd hours

29th June 06 - Labour and business migration - a free afternoon seminar - 4 cpd hours.

For further information please click here .

Other seminar and training providers

ILPA training: Immigration Aspects of the Civil Partnership Act 2004, 28 March, 4.00-7.15 at St Bride's House. 3 CPD points.

AIT appeals training:London 13 March, Leeds 22 March. For details of ILPA training click here .


Migrant Voices and Wild Geese theatre tour: Two plays by Banner Theatre examine the real-life experiences of asylum seekers and refugees in twenty-first century Britain from the point of view of the migrants themselves, exploring their hopes, dreams and realities. For details of venues, times etc Click here for further information.


Human rights and Islamophobia, lunchtime lecture by Imran Khan, British Institute for Human Rights, 9 March 2006, 1.00-2.00pm at the Lecture Theatre, Courtauld Institute of Art, Somerset House, Strand, free. Click here for further information.

HIV/AIDS and law: theory, practice and policy: a free seminar at BirkbeckCollege, Malet Street, London W1 on 10.3.06, 9.30 to 5.00. Click here for further information. : Placeslimited; to book email by 27 February.

Extradition, Deportation and Rendition: Protecting rights across the border: a one-day conference organised by JUSTICE and Sweet & Maxwell. 31 March 2006. £325 + VAT (£295 + VAT for JUSTICE members). Click here for further information.

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