Issue 67 - 25th November 2007

Monday 26 November 2007

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News

The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak published a report on Indonesia on 23 November 2007 (http://www.ohchr.org/). The Special Rapporteur noted an improvement in certain regards although he criticised the Indonesian authorities for the impunity shown to alleged perpetrators of torture and lack of legal and institutional safeguards in Indonesia to protect those in police custody in particular.

The Border and Immigration Agency has published its latest Country of Origin Information Report on Sri Lanka (Read more)

The Border and Immigration Agency has amended the Operational Enforcement Manual. Changes noted on 22 November, Chapter 22 - What is asylum, Chapter 26 - Fingerprinting , Chapter 29 - Unaccompanied children, Chapter 38 - Detention and temporary release, Chapter 39 - Bail and Chapter 40 - Overseas escorts; on 20 November, Chapter 36 - Extenuating circumstances (36.1.3 Factors to be taken into account when deciding whether administrative removal is appropriate is currently under review.). The OEM can be found on the Border and Immigration Agency website

Legislation

Statement of Changes to the Immigration Rules (HC 82)

HC 82 was laid before Parliament on 19 November 2007. This Statement of Changes in Immigration Rules, together with the Asylum (Procedures) Regulations 20071 (SI number 2007/3187) in part implements Council Directive 2005/85/EC2 of 1 December 2005 laying down minimum standards on procedures in member States for granting and withdrawing refugee status (OJ No. L 326, 13.12.05, page 13. A full text of HC 82 can be found on the Border and Immigration Agency website

Immigration (Restrictions on Employment) Order 2007: SI 2007/3290:

Laid before Parliament on 22 November 2007 and will come into force on 29 February 2008, brings into force the codes of practice entitled "Civil Penalties for Employers" and "Guidance for Employers on the Avoidance of Unlawful Discrimination in Employment Practice While Seeking to Prevent Illegal Working"; and describes how an employer will be excused from paying a penalty under section 15 of the Immigration, Asylum and Nationality Act 2006, and related matters

The Government has signalled its intent to bring in further measures to prevent illegal working. See news item on the Border and Immigration Agency website

Cases

High Court

R (on the application of EU (PERU)) v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2007), [2007] EWHC 2530 (Admin)
Simon, J applying cases such as ex parte Onibiyo (1996) QB 768 on fresh claims for asylum, dismissed the claim for judicial review. The Claimant had alleged a breach of Article 3 ECHR on removal to Peru in view of a risk of suicide. Simon J held that the evidence of a risk and the degree of the risk of suicide was equivocal. In view of the case being a "foreign" case there was a particularly high threshold for the level of the severity of treatment that an applicant would suffer if moved, J v SSHD (2005) EWCA Civ 629, (2005) Imm AR 409 considered. There was no allegation of a significant risk of suicide taking place in the United Kingdom. In the light of all the material available to the secretary of state about the availability of treatment in Peru there was support for the conclusion that there was treatment in Peru.

Author - Nicola Rogers

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