Issue 43 - 19th February 2007

Monday 19 February 2007

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Cases

CM (Kenya) v Secretary of State for the Home Department

An immigration tribunal had erred in law in finding that it was not unduly harsh to return an asylum seeker to Nairobi, as it had failed to give sufficient reasons for rejecting an expert report that suggested that the asylum seeker would be in danger upon her return. More info

LE (Democratic Republic of Congo) v Secretary of State for the Home Department

An Asylum and Immigration Tribunal had not erred in law in rejecting medical evidence from a community psychiatric nurse that an asylum seeker's child was suffering from post-traumatic stress disorder, as the evidence was based on the nurse's acceptance of their account of the trauma suffered whilst in their home country, which account the tribunal had rejected. More info

AA (Pakistan) [2007] UKIAT 00016

1. For the purposes of DP3/96, service of a notice of intention to deport or service of illegal entry papers amount to decisions that 'stop the clock'. Time spent in the United Kingdom following such service will not be counted for the purposes of applying that Policy.
2. Withdrawal of an adverse asylum decision does not of itself amount to withdrawal of a consequential removal decision (see s77 of the 2002 Act) More info

MN (India) UKIAT 00015

The law and immigration rules distinguishing between (i) adoptions in those countries whose adoptions are recognized in the United Kingdom under the Adoption (Designation of Overseas Adoptions) Order 1973 and (ii) other adoptions have a sound objective basis and are not unlawfully discriminatory under the Race Relations Act 1976 (as amended) or Article 14. More info

Events

Slave Britain : the twenty-first century trade in human lives
A photography exhibition by Panos Pictures in St. Paul's Cathedral
Supported by Eaves, UNICEF, Anti-Slavery and Amnesty International
http://www.antislavery.org/

"Free" Advice from Specialist Immigration Counsel

For the period 1 January 2007 to 30 March 2007, solicitors firms or advice agencies which have LSC Contracts (or are LSC Quality Mark holders) will be able to seek and obtain written advice form counsel on Immigration cases without having to first call the Garden Court Chambers Call Counsel advice line. More info

 

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