Issue 74 - 4th February 2008

Monday 4 February 2008

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News

The Border and Immigration Agency has published new guidance, entitled "Planning Better Outcomes and Support for Unaccompanied Asylum Seeking Children", for the handling of claims made by unaccompanied minors. More info

The BIA has changed its fee scheme as of 31st January 2008. Fees for most applications have remained the same or have had small increases. The exception is applications under the new UK Borders Act where fees have been increased significantly from what would have been charged under a similar HSMP application. More info

Cases

ZT (Kosovo) v Secretary of State for the Home Department [2008] EWCA Civ 14
A fresh claim by an applicant who's previous claim had been certified as clearly unfounded under the Nationality, Immigration and Asylum Act 2002 s.94, still required consideration by the Secretary of State under r.353 of the immigration rules.

KG (Sri Lanka) & Anor v Secretary of State for the Home Department [2008] EWCA Civ 13
Community law's rights of free movement for family members exist, not in order to support family values, but to make real the right of movement of the Union citizen, who might be deterred from exercising that right if he could not take his relevant family with him. An assertion of movement rights by a relation of a Union citizen would be tested against this justification for free movement rights. It is arguable that 'family members', within Art.2 of the Citizens Directive, might be able to obtain access to the Community by reason of their relationship alone. However there was no justification for reading that proposition across into the position of 'extended family members'. An 'extended family member' can only rely on the Directive rather than the 2006 EEA Regulations if they could establish dependency or membership of the household of the Union citizen in the country relevant to the Union citizen's own right of establishment in the UK.

RZ (Eurodac - fingerprint match -admissible) Eritrea [2008] UKAIT 00007
Evidence of a fingerprint match obtained from the Eurodac system (EU wide central unit for the collection, transmission and comparison of fingerprints of asylum applicants, aliens apprehended in connection with the irregular crossing of an external border and aliens found illegally present in a member state) is admissible not only when considering which Member State is responsible for examining an application for asylum but also when examining the application itself. Where there is a dispute about whether there is a fingerprint match, the burden of proof is on the respondent and the standard of proof is the balance of probabilities.

Legislation

UK Borders Act 2007 (Commencement No. 1 and Transitional Provisions) Order 2008 SI 2008/99

Brings into force, on 31st January 2008, these sections of the UK Borders Act 2007: Sections 1 to 8, 10 (for the purposes of making an order under subsections (2) and (4), 11 (for the purposes of making rules under subsection (6), 13 (for the purposes of issuing a code of practice under subsection (1) and making an order under subsection (6), 15, 16, 18, 20, 22, 23, 26 (for the purposes of making regulations under subsection (5), 29 to 31, 40 to 43.

"Free" Advice from Specialist Immigration Counsel

For the period 1 January 2007 to 30 March 2007, solicitors firms or advice agencies which have LSC Contracts (or are LSC Quality Mark holders) will be able to seek and obtain written advice from counsel on Immigration cases without having to first call the Garden Court Chambers Call Counsel advice line.

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