Issue 87 - 5th May 2008

Monday 5 May 2008

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News

The Home Office announced they are deciding work permit applications and review requests more slowly than their publicly stated objectives. More info

Special UK visa procedures have been introduced for football fans who wish to travel to Manchester to watch Zenit FC play in UEFA Cup Final in Manchester on Wednesday May 14th. More info

Legislation

The Immigration (Biometric Registration) (Pilot) Regulations 2008 No. 1183 require certain persons subject to immigration control (and their dependants) applying for leave to remain in one of the specified categories under the immigration rules to apply for a biometric immigration document. More info

Cases

In Lakatus, R (on the application of) v Republic of Poland [2008] EWHC 887 (Admin) (11 April 2008) the Administrative Court reiterated earlier statements that whereas the assessment of proportionality involves a balancing exercise rather than a search for exceptionality, in an extradition case there will have to be striking and unusual facts to lead to the conclusion that it is disproportionate to interfere with an extraditee's article 8 rights.

Considering the question of state protection for battered women in the Ukraine, the Federal Court of Canada in Naumets v. Canada (Citizenship and Immigration), 2008 FC 522 (CanLII) stated that where the claimant is a member of a particularly vulnerable population whose complaints have historically been neglected by the state, such as battered women in many areas of the world, it is necessary assess the state's willingness and ability to protect a member of that population, not merely citizens in general. The efforts on the part of civil society cannot be considered as part of the assessment of state protection: measures taken by NGOs are generally undertaken to plug holes in the fabric of the state. They highlight problems, rather than serving as indicia of government-based solutions. More info

In Baze Et Al. V. Rees, Commissioner, Kentucky Department Of Corrections, Et Al. the US Supreme Court upheld the death penalty by one form of lethal injection as not constituting cruel and unusual punishment, Stevens J noting that although experience demonstrated that imposing that penalty constitutes the pointless and needless extinction of life with only negligible social or public returns, that conclusion did not justify a refusal to respect the Court's precedents. More info

Events

Barry O'Leary of Wesley Gryk and Co and Ronan Toal of Garden Court Chambers will be giving a course for ILPA on "HC321 - New paragraph 320 The general grounds for refusal, re-entry bans and deception (DT 1067)" on Wednesday 14 May 2008, London, 4-7.15pm.
See http://www.ilpa.org.uk/ for details

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