Issue 63 - 17th September 2007

Monday 17 September 2007

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News

The Home Secretary announced that Professor David Metcalf has been appointed as the Chair of the new Migration Advisory Committee (MAC). The MAC will provide evidence to ministers on where the economy needs migration and where it does not. The MAC will influence how many points a migrant needs to come Britain when the new points system is introduced in the New Year. The MAC will provide evidence-based advice to government, specifically advising on which occupations should be defined as shortage occupations. The MAC's recommendations will be made public. More info

UNHCR has produced a Response to the European Commission's Green Paper on the future Common European Asylum System, and commended the Commission for launching consultations on this subject with a wide group of stakeholders. UNHCR warned that although EU minimum standards should reflect high protection standards, in some instances transposition of the EU asylum instruments has resulted in a lowering of standards and continues to allow for a significant divergence in law and practice. This should be remedied, and international norms respected. More info

Work Permits UK warned that there are currently some delays in the processing of work permit applications of up to 8 working days. Review requests are currently taking up to 6 weeks to process. More info

Cases

In FS (Service of determination) Eritrea [2007] UKAIT 00084 (13 September 2007) the Tribunal gave guidance on the service of determinations over the weekend. They held that Friday postings give rise to Monday service unless the contrary is proved. The Tribunal would take judicial notice that there is not usually a postal delivery in the United Kingdom on a Sunday. Read the transcript

In SZATV v Minister for Immigration and Citizenship [2007] HCA 40 (30 August 2007) the High Court of Australia found that the Refugee Review Tribunal had been wrong to expect a journalist to give up his opinions upon relocation. The effect of the Tribunal's stance was that the appellant was expected to move elsewhere in Ukraine, and live "discreetly" so as not to attract the adverse interest of the authorities in his new location, lest he be further persecuted by reason of his political opinions. Kirby J added that the Tribunal must consider how in fact the refugee applicant will act if returned to the country of nationality, bearing in mind that the applicant will be expected to act reasonably. More info

Events

On Tuesday 25 September 2007 Vicky Guedalla of Deighton Guedalla and Simon Pugh of Wilson and Co will be speaking at the London ILPA offices regarding Legal aid: strategies for coping with the new regime from 4-7.15pm. More info

 

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