Issue 81 - 25 March 2008

Tuesday 25 March 2008

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News

1400 Iraqis are to have their support withdrawn following notification by the Home Office that they no longer qualify on the basis that there is 'no safe route of return'. The announcement, reported by the Guardian this week, is a further statement from the government that it believes that Iraq is a safe place of return for all those who have been refused asylum. More info

Legislation

The Immigration (Notices) (Amendment) Regulations 2008 No. 684 amend regulation 7(1) of the 2003 Notice Regulations to provide that notices may be served electronically, by document exchange, by courier or can be collected. More info

Cases

The Tribunal in VW and MO (Article 8-insurmountable obstacles) Uganda [2008] UKAIT 00021 (14 March 2008) reiterated the importance of the "insurmountable obstacles" test as the basis for assessing whether the members of an immigrant's family not themselves subject to immigration control could be expected to relocate abroad. However cases could succeed absent exceptional circumstances where there were special reasons present. The five-stage process of approaching Article 8 cases set out in the House of Lords in Razgar remained the proper method of analysis. More info

The Court of Appeal in VN (Uganda) v Entry Clearance Officer [2008] EWCA Civ 232 (19 March 2008) again acknowledged that the law was not clear as to the obligation to consider the human rights of "third parties" who were not themselves party to the immigration appeal. More info

The Court of Appeal in LG (Italy) v Secretary of State for the Home Department [2008] EWCA Civ 190 (18 March 2008) considered the meaning of "imperative grounds of public security" in the Citizens Directive (ie those grounds that permit expulsion of an individual who has been resident in an EEA state for ten years). They remitted the matter back to the Tribunal for further legal argument having noted that the Operational Enforcement Manual could not be the last word on the subject and in any event was unclear. "Imperative" grounds clearly mandated a very high standard before an EEA national could be deported. More info

In AFPH (R on the application of) v Secretary of State for the Home Department [2008] EWHC 446 (Admin) (15 February 2008) Holman J gave permission to move for judicial review of the Home Office approach to reporting asylum seeking disputed children to the police and/or CPS for prosecution for criminal offences, which the judge noted was a very significant step to take, one which whilst it might not itself involve detention, predictably sets in train a series of events which may lead to prosecution.

In SA (Somalia) v Entry Clearance Officer [2008] EWCA Civ 149 (29 February 2008) section 85(5) of the Nationality Immigration and Asylum Act 2002 survived challenge for its human rights compatibility, the Court of Appeal finding that it does not involve any necessary interference with Convention rights, for any post-decision events which generate or enhance a human rights-based claim for entry clearance can be the subject of a fresh claim and, if necessary, a fresh appeal.

Events

Graham Denholm and James Elliott will be giving a training session entitled "Challenging Immigration Detention: An Update" on Monday 7 April 2008, see www.ilpa.org.uk for details. Tim Barnden and Barry O'Leary are training on 'Significant Others' applications for fiancé(e)s, partners and spouses on 10 April 2008.

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