Issue 6 - 21st March 2006

Tuesday 21 March 2006

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Cases

RP (EEA Regs - worker - cessation) Italy [2006] UKAIT 00025

1. A person who has been a worker within the meaning of Community law does not cease to be a worker simply by virtue of falling unemployed, but he must be able to show that he has been genuinely seeking work and has not effectively abandoned the labour market.

2. In assessing whether a person has satisfied the condition that he is or has remained a worker, the national court must base its examination on objective criteria and assess as a whole all the circumstances of the case relating to the nature of both that person's activities whilst in the Member State and any employment relationship(s) at issue. For more information Click Here

DA (EEA - revocation of residence document) Algeria [2006] UKAIT 00027

Where a qualified person within the meaning of the Immigration (European Economic Area) Regulations 2000 leaves the United Kingdom, it is not inconsistent with relevant EU law for the United Kingdom to make provision for revocation of the residence document of the family member of the qualified person, as set out in Regulation 22(2)(b)(ii).
Fore more informationn Click Here

PN (Lord's Resistance Army) Uganda CG [2006] UKAIT 00022

There is no current risk from the Ugandan authorities to a former member of the Lord's Resistance Army on return to Uganda. The Ugandan Government's amnesty to members of the LRA remains in place. A person who is at real risk of forcible conscription into the LRA in the north of Uganda may be able to relocate without undue harshness to Kampala. This case confirms and supplements the findings in AZ (Eligibility for Amnesty) Uganda [2004] UKIAT 00166 For more information Click Here

AA and Others (Bangladesh) [2006] UKAIT 00026

In an appeal under paragraph 135I of HC 395 (Sectors-Based Work Permits) where no reliance is placed on paragraph 320:

(1) Neither the ECO nor the Tribunal is concerned with whether the Work Permit should have been issued;
(2) it is not open to the ECO to base a refusal purely on generalities applicable to the Scheme as a whole;
(3) the burden of proof remains on the applicant even though he has a work permit;
(4) his intention to return is to be distinguished from motive or incentive to return;
(5) an applicant who fails to give a coherent or consistent account of his proposed employment and circumstances in the UK may be found to have failed to discharge the burden of proof. For more information Click Here

SY and Others (EEA regulation 10(1) - dependency alone insufficient) Sri Lanka [2006] 00024

LS (EEA Regulations 2000 - Meaning of Dependant) Sri Lanka [2005} UKAIT 00312 is not authority for the proposition that, once a person has shown that he is dependent on an EEA national or his spouse, the person concerned is entitled without more to an EEA family permit or a residence document, as the case may be. As the wording of regulation 10(1) of the Immigration (European Economic Area) Regulations 2000 makes plain, the respondent has a discretion whether to grant such a permit and that discretion is not incompatible with the underlying EEA legislation.
For more information Click Here

Seminars

30th May 06 - Crime and immigration seminar

A free evening seminar 1.5 cpd hours 6.30pm - 8pm
For more info 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.

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. For further info Click Here

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).For further info Click Here

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