Issue 70 - 7th January 2008

Monday 7 January 2008

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News

The new panel of independent experts under chair Professor David Metcalf met in December for the first time to discuss where the United Kingdom labour market needs migration and where it does not. The two committees are designed to help the Government strike a 'new balance' in setting the number of points a migrant needs to come to the United Kingdom. More info

The Home Office put out a consultation document seeking views on proposals which include people putting up a financial deposit to ensure any foreign national family members return home following their visit from overseas; reducing the length of time a tourist can stay in the UK from six to three months; creating a specific business and specialist visa; and creating a specific visa for one-off events such as the Olympics. More info

From 1 January 2008, the Seasonal Agricultural Workers Scheme (SAWS) will apply to Romanian and Bulgarian nationals only. The scheme allows nationals of Bulgaria and Romania to take on seasonal employment on farms in the United Kingdom. More info

Regulations and Rules

The Immigration and Asylum (Provision of Services or Facilities) Regulations 2007 were made on 20 December 2007 and come into force on 31 January 2008. They set out the circumstances under which the Secretary of State may provide or arrange for the provision of specified services or facilities to those who are provided with accommodation under section 4 of the Immigration and Asylum Act 1999, and address travel, medical care, vouchers and exceptional needs. More info

The Immigration, Asylum and Nationality Act 2006 (Commencement No. 7) (Amendment) Order 2007 delayed the coming into force of certain provisions in the Immigration, Asylum and Nationality Act 2006, until 31 March 2008. Those provisions address information and its disclosure to law enforcement agencies, the power of Revenue and Customs to obtain information, the provision of information to immigration officers, police powers regarding passenger and crew information, the duty to share information and the code of practice regarding that, and the disclosure of information for security purposes; and offences regarding the same. More info

Cases

In SC (Zimbabwe) v Secretary of State for the Home Department [2007] EWCA Civ 1278 (5 December 2007), Hooper LJ in the Court of Appeal found that it was rational to find there was a real risk that a person who had taught in Zimbabwe and who was not a ZANU-PF supporter would be perceived at Harare Airport as an MDC supporter. More info

In Rudi & TI (Kosovo) (R on the Application of) v Secretary of State for the Home Department [2007] EWCA Civ 1326 (14 December 2007)Carnwath LJ ruled that AL Serbia was binding authority to the effect that the Family ILR exercise was not unfairly discriminatory, contrary to Article 14 of the Convention, or to common law principles of equal treatment. AL Serbia itself is pending hearing in the House of Lords. More info

In RN (rule 23(5): respondent's duty) Zimbabwe [2008] UKAIT 00001 (04 January 2008) the Tribunal found that the deemed service provisions in the Asylum and Immigration Tribunal (Procedure) Rules 2005 did not apply to the respondent's duty to serve a determination on a successful asylum Appellant prior to making a reconsideration application. However this did not prevent an Appellant adducing evidence that there had in fact been no service. More info

In BK (Failed asylum seekers) Democratic Republic of Congo CG [2007] UKAIT 00098 (18 December 2007) the Tribunal rejected the contention that failed asylum seekers on return to the DRC are perceived as traitors, who might be seen as meriting ill-treatment by the security forces. The risk of being forced to pay bribes was not itself a breach of human rights. More info

In AN and NN (s.83, asylum grounds only) Albania [2007] UKAIT 00097 (10 December 2007), the Tribunal ruled that in an appeal under section 83 of the 2002 Act the Tribunal has no jurisdiction to consider non-asylum grounds; and, if an appeal is allowed on asylum grounds, it cannot be allowed on humanitarian protection grounds. More info

In Minister voor Vreemdelingenzaken en Integratie v Eind (Case C 291/05) the European Court of Justice reiterated the objectives of the Community legislature, which has recognised the importance of ensuring protection for the family life of nationals of the Member States in order to eliminate obstacles to the exercise of the fundamental freedoms guaranteed by the Treaty. Thus a minor might have the right to install herself with a parent returning to the latter's state of origin notwithstanding that the parent is not economically active.

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