Issue 62 - 28th August 2007

Tuesday 28 August 2007

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News

UK visas are now accepting all Iraqi passports for entry clearance applications to travel to the UK, following the Court of Appeal's judgment in NA (Iraq), R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs & Ors [2007] EWCA Civ 759. However they have stated that they may still require applicants to provide other supporting evidence of identity and/or nationality. More info

The BIA is inviting contributions of evidence related to the restrictions placed on Romanian and Bulgarian migrant workers since January 2007. In particular they are are concerned with the economic impact; the impact on public services and community cohesion; the costs of providing benefits to migrant workers who have come to the UK under A2 scheme and policies other EU states are likely to adopt over the next 3/4 years and how this will affect the flow of migrants to the UK. More info

Cases

LP (LTTE area, Tamils, Colombo, risk) Sri Lanka CG [2007] UKAIT 00076

Tamils are not per se at risk of serious harm from the Sri Lankan authorities in Colombo. However this country guidance Determination identifies certain factors which may put a Sri Lankan Tamil at risk. These include a record as a suspected or actual LTTE member; criminal record and/or an outstanding arrest warrant; whether they had jumped bail or escaped from detention; having signed a confession or similar document; having been asked by the security forces to become an informer; the presence of scarring; return from London or other centre of LTTE fundraising; illegal departure from Sri Lanka; lack of an ID card or other documentation; having made an asylum claim abroad; having relatives in the LTTE. These factors are not meant be exclusive or intended to operate as a checklist and should be considered en-light of the particular circumstances of the case.

It was also found that Tamils in Colombo are at risk of being stopped at checkpoints or being picked up in a search operation. In itself this will amount to no more than harassment and should not cause any lasting difficulty. But Tamils who have recently returned to Sri Lanka and have not yet renewed their Sri Lankan identity documents will be subject to more investigation and the factors listed above may then come into play. More info

AG & Ors (EEA-jobseeker-self-sufficient person-proof) Germany [2007] UKAIT 00075

To qualify as a "jobseeker" under reg 6(1)(a) of the Immigration (European Economic Area) Regulations 2006 an EEA national must meet all the requirements of Reg. 6(4). When considering what period of time a jobseeker has to find work, 6 months may be a general rule of thumb, but there is no fixed time limit. The ECJ in Antonissen [1991] ECR I-745, Case C-344/95 decided that the period must be a "reasonable period" and the assessment of what is "reasonable" must be made in the context of each individual case. Thus it may sometimes be less, sometimes more, than 6 months. In all cases, however, the period in question must start from the date of the person's arrival in the United Kingdom. More info

Legislative changes

The Forced Marriage (Civil Protection) Act 2007, upon commencement will amend the Part 4 of the Family Law Act 1996, allowing a court to make forced marriage protection orders. The orders will apply to actions outside the jurisdiction, can be applied for on ex-parte basis and will carry the power of arrest. More info

SI 2007/2124 came into force on 16th August 2007 and amends Schedule 1 of the Consular Fees Order 2007. Accordingly applications fees for entry clearance applications for entertainers, sportspersons and voluntary workers outside the Immigration Rules have been reduced from £200 to £99. More info

 

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