Issue 5 - 13th March 2006

Monday 13 March 2006

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Government and Parliament

The Government published its proposals for a points based system for migration. The proposals suggests a five tier system with Tier 1 covering highly-skilled migrants and Tier 5 covering youth mobility and temporary workers ( click here for further information)

By Agreement Denmark will participate in the Dublin II Regulation relating to responsibility for asylum applications within the European Union and the Eurodac Regulation relating to the fingerprinting of asylum seekers in the European Union. The Agreement comes into force one month following the adoption of procedures by the Contracting Parties (see Official Journal of the European Communities; L66/38 8.03.06 and L66/37 8.06.06 - click here for link.

Case law

Dede v Secretary Of State For The Home Department (2006) (9 March 2006; Court of Appeal) The Immigration Appeal Tribunal's failure to address an Adjudicator's error in misidentifying a Turkish political party as being a legitimate one when it was in fact banned, meant that the Tribunal's decision to uphold the Adjudicator's decision to refuse the appellant asylum seeker's claims was flawed.

SA (Clarificatory questions from IJs - best practice) Iran [2006] UKAIT 00017: Guidance given where there are procedural matters which lead to the need for an intervention such as a request to the witness by the Immigration Judge to confirm the contents of any statement when that point has been overlooked by an advocate. In the main the best practice for judges in this field is to reserve until the end of evidence in chief, cross-examination and re-examination any significant points of clarification that they may want help with.

Cenbauer v. Croatia (application no. 73786/01) (European Court of Human Rights (9/03/06): Prison conditions in a Croatian prison breached Article 3 ECHR standards ( click here for more information)

Menesheva v. Russia(application no. 59261/00) (European Court of Human Rights (9/03/06): Ill-treatment of a young vulnerable women by police breached Article 3 ECHR standards ( click here for more information)

Reports

US State Department Country Report on Human Rights Practices 2005 for various countries were published on 8 March 2006. See for instance:

Afghanistan

Sri Lanka

Pakistan

India

Serbia and Montenegro

Albania

Turkey

Iran

Iraq

Nigeria

Zimbabwe

Romania

China

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 see

Training on the European Citizen's Directive: London 2 May.

For details of ILPA Training contact ILPA on 0207 251 8383 - or click here for their website.

Events

Human Rights Watch Film Festival: No More Tears Sister - which recreates the life and assassination of Sri Lankan human rights activist, Dr Rajani Thiranagama - click here for further information.

Reminders

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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