Issue 79 - 10th March 2008

Monday 10 March 2008

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National Identity Card Scheme

The Home Office announced last week its plans for rolling a national identity scheme. The scheme will begin in November this year with introduction of identity cards for non-EEA foreign nationals. Fingerprints will be collected from foreign nationals before they are issued with a card, which will show the details of the holder's immigration status and whether they are allowed to work or access benefits, and how long they can stay in the UK. Within three years all foreign nationals applying for leave to enter or remain in the UK will be required to have a card. More info

Cases

MM and FH (Stateless Palestinians, KK, IH, HE reaffirmed) Lebanon [2008] UKAIT 00014
The differential treatment of stateless Palestinians by the Lebanese authorities and the conditions in the camps does not reach the threshold to establish either persecution under the Geneva Convention, or serious harm under paragraph 339C of the Immigration Rules, or a breach of Articles 3 or 8 under the ECHR. The differential treatment of Palestinians by the Lebanese authorities is not by reason of race but arises from their statelessness. The decision in KK, IH, HE (Palestinians-Lebanon-camps) Jordan CG [2004] UKIAT 00293, is reaffirmed.

PA (Student's family: third-party support?) Bangladesh [2008] UKAIT 00016
The maintenance requirements of para 76 (leave to enter for spouses of students) of the Immigration Rules are not met by the provision of maintenance by a third party. The drafting of the Immigration Rules has chosen a different formulation of the requirements for maintenance in para 76 from that chosen for para 57. It seems to us that a person who comes as a student may well have the benefit of third party support for himself. It may be a government grant, it may be a scholarship or it may be parents or relatives. The considerations applying to a spouse are different and the draftsman of the Rules has chosen for the spouse the very same formulation as he chose for paragraph 281.

EG (post-hearing internet research) Nigeria [2008] UKAIT 00015
It is most unwise for a judge to conduct post-hearing research, on the internet or otherwise, into the factual issues which have to be decided in a case. To derive evidence from post-hearing research on the internet and to base conclusions on that evidence without giving the parties the opportunity to comment on it is wrong.

Legislation

The Immigration, Asylum and Nationality Act 2006 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008 (SI 2008/310) brings into force:
Sections 15 to 18 (penalties for employing persons without permission to work) in full, subject to saving and transitional provisions; Sections 21 and 22 (criminal offence of knowingly employing persons without permission to work); Sections 24 and 26, and in Schedule 3, the entries relating to the 1996 Act; Section 50(3)(a) and in Schedule 3, the entries relating to section 31A of the Immigration Act 1971 - all came into force on 29th February 2008.
Section 4 (restricted right of appeal in relation to refusal of entry clearance for visitor or student) subject to saving and transitional provisions and Section 33 for the purposes of making an order under subsection (5)(a) and section 47 will come into force on 1st April 2008 . More info

Events

12 March 2008, 4pm - 7.15pm: ILPA training - working with older children and young adults (Age disputes, welfare and support, transition at 18 and the threat of removal). 3 CPD points; cost £120 (members, £240 non-members)

14 March 2008, 9.30am - 4.30pm HJT - JUDICIAL REVIEW CONFERENCE (Detention; Remedies; The New Protocol in Practice Fresh Claim Litigation: Procedure, Tactics and Strategy Interventions; Challenging Delay in Home Office decision making; Using EC Law including Charter for Fundamental Rights; Challenging Work Permits UK Home Office Policies: Near Misses and Legitimate Expectation. 6 CPD points; cost £250 + vat

25 April 2008: The UK Borders Act 2007 explained: afternoon course by JCWI, 4 CPD points, cheap rates (£65 + VAT) for LSC contract holders. Booking Contact: 0207 608 7306
Booking email: lucia@jcwi.org.uk

 

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