Issue 47 - 26th March 2007

Monday 26 March 2007

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News

The UNHCR has published its annual review of asylum applications lodged in European and Non-European industrialised countries. Across the 50 countries surveyed, the main countries of origin of asylum applicants in 2006 were Iraq (22,200), China (18,300), the Russian Federation (15,700), Serbia and Montenegro (15,600) and Turkey (8,700). The United States was the largest recipient of applications with 51,000 in 2006. Whilst in the 25 European Union countries the number of asylum seekers was the lowest for 20 years. More info

The Immigration and Nationality Directorate have published their response to the consultation process 'A new model for National Refugee Integration Services in England', on its proposed changes in the content and contractual arrangements for services to assist the integration of refugees in England. More info

Parliament

Statutory Instrument 2007/835 amends Rule 19 of the Asylum and Immigration Tribunal (Procedure) Rules 2005. Following the changes the AIT will have a discretion whether to proceed with an appeal in the absence of a party who has not given a good reason why they are not able to attend. Rule 62(7) is also amended, the AIT will have a discretion to allow a party to amend their grounds of appeal in a reconsideration hearing. The changes will come into force on the 10th April 2007
http://www.opsi.gov.uk/si/si2007/20070835.htm

Cases

Huang -v- Secretary of State for the Home Department; Kashmiri -v- Secretary of State for the Home Department [2007] UKHL 11

When deciding appeals, the AIT had to decide whether the challenged decision was compatible or incompatible with a Convention right and accordingly lawful or unlawful. The Tribunal was not performing a review of the Secretary of State's decision and therefore was not required to restrict itself to considering whether the Secretary of State had misdirected himself, acted irrationally or was guilty of procedural impropriety. Moreover the AIT did not have to apply a test of exceptionality. A detailed summary of the case by Duran Seddon, junior counsel for Mr Kashmiri, is on the Garden Court website. More info

NM (Afghanistan) v Secretary of State for the Home Department [2007] EWCA Civ 214 (13 March 2007)

The Court of Appeal held that in a case where the applicant had obtained an Afghan passport from the Afghan embassy in London, the immigration judge had erred in finding that the Refugee Convention ceased to apply to his case under Art.1C(1). More info

Events

On 30 March 2007 HJT Training plan to hold a conference on country of origin information featuring expert witnesses and lawyers speaking on Pakistan, China, Democratic Republic of Congo, Eritrea and Iraq. Book via www.hjt-training.co.uk or 0208 303 3013

"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 from counsel on Immigration cases without having to first call the Garden Court Chambers Call Counsel advice line. More info

 

 

 

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