Issue 88 - 12th May 2008

Monday 12 May 2008

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News

The Home Office published proposals for much tighter skilled and temporary worker tiers of its new Points Based System (PBS). The schemes - known as Tier 2 and Tier 5 - sweep aside around 30 different routes to the UK, including the old work permit system. To qualify, skilled foreign nationals will have to earn a certain number of points before being allowed to work in Britain. These points are awarded only if a person can prove they will be doing skilled work, speak a good standard of English, and are earning more than £24,000, or have a decent qualification. Employers will need a licence from the UK Border Agency to offer jobs to skilled workers. More info

The President of the Parliamentary Assembly of the Council of Europe expressed dismay at the announcement of a recent date for the execution of José Ernesto Medellin, the Mexican on death row in Texas, who said that he was never given prompt access to consular officials, as required by international law. More info

The visa section of the British Consulate in Rangoon is currently closed to the public following cyclone Nargis. More info

The Refugee Legal Group published its Fortnightly Chronicle click here

Legislation

The British Overseas Territories Citizenship (Designated Service) (Amendment) Order 2008 No. 1240 amends the British Dependent Territories Citizenship (Designated Service) Order 1982 so as to remove service for the Hong Kong Tourist Association and the Hong Kong Trade Development Council from the types of service designated as qualifying an individual born outside the British overseas territories as a British overseas territories citizen. More info

Cases

The Court of Appeal in OP (Jamaica) v Secretary of State for the Home Department [2008] EWCA Civ 440 (1 May 2008) found that proper weight must be given to the Secretary of State's policy on deportation, and in particular to the fact that she has taken the view, in the public interest, that certain crimes of violence are sufficiently serious to warrant deportation - her assessment had to be taken as a given, unless it is palpably wrong.

In Parliament v Council (Justice & Home Affairs) [2008] EUECJ C-133/06 (06 May 2008)
the European Court of Justice found that by the adoption of the minimum common list of third countries regarded as safe countries of origin and the common list of European safe third countries in Directive 2005/85 (the "Procedures" Directive) other than in accordance with a procedure by which both Council and Parliament were party, the Council had infringed Article 67 EC, thereby exceeding the powers conferred on it by the Treaty.

In Dimbo v Minister for Justice Equality and Law Reform [2008] IESC 26 (01 May 2008) the Supreme Court of Ireland found that the Minister was required as part of the deportation process to consider the Constitutional and Convention rights of those subjected to such decisions, which includes express consideration of, and a reasoned decision on, the rights of the Irish citizen child.

In Refugee Appeal No. 76173 the New Zealand Refugee Status Appeals Authority allowed a Sudanese case, finding that recent reports of ill-treatment of returnees from Darfur meant that an individual who had been in a 'western' country for nearly two years, has no Sudanese travel documents, is of Darfurian origin and African appearance, is single and is a "young man of fighting age", would be particularly susceptible to being stopped at the airport, and once detained, would be at risk of serious physical mistreatment of the kind described by UNHCR and the Aegis Trust.

Events

On Monday 19 May 2008 (London, 4-7.15pm) the third of ILPA's annual workshops on the Citizen's Directive brings together expert practitioners and representatives from the European Commission and the Asylum and Immigration Tribunal. The UK Border Agency has also said that a representative will attend. more info

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