Issue 9 - 10th April

Monday 10 April 2006

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Government and Parliament

The Immigration (European Economic Area) Regulations 2006 were made on 30 March 2006 and will come into force on 30 April 2006. For more info Click Here

Gary Titley Member of the European Parliament stated during a debate that European labour markets should be open as here in the UK. "We were right to take the bold step of opening up our labour market, and Europe should not fear tides of immigration," said Titley. A report handed to the European Parliament demonstrated that the three countries who opened their labour market to migratoty labour had growing economies. The UK, Ireland and Sweden all had improved profitability and competitiveness of business. Read more

Home Office Minister Tony McNulty responded to Her Majesty's Chief Inspector of Prisons (HMCIP) report on the unannounced inspections of the five non-residential short term holding facilities at Heathrow and three out of four in France at the ports of Calais and Coquelles.
Click here to read his comments.

Case law

In RG (Ethiopia) v Secretary of State for the Home Department [2006] EWCA Civ 339 (04 April 2006) the Court of Appeal considered the circumstances in which women in Ethiopia as members of a particular social group, finding that the institutionalised legal discrimination in the country, along with the evidence of a lack of protection of women against sexual abuse and serious discrimination, showed a degree of complicity by the state in the treatment of women in Ethiopia, sufficient to entitle the adjudicator to conclude that women constituted a particular social group. The matter was returned to the Tribunal for them to reconsider internal relocation. To see the judgment Click Here

In Kaydanyuk v Secretary of State for the Home Department [2006] EWCA Civ 368 (4 April 2006) the Court of Appeal found that changes in an appellant's medical prognosis would be unlikely to permit criticism of a decision of an immigration judge as having been factually erroneous such as to be in error of law.
To see the judgment Click Here

The Tribunal in OS (10 years' lawful residence) Hong Kong [2006] UKAIT 00031 (20 March 2006) the Tribunal noted that the 'long residence' concession had not been withdrawn when the rules relating to long residence were introduced. The Tribunal ruled that paragraphs 276A-D of the immigration rules (HC 395) stand alongside the published concession in long residence cases. The rules mean what they say and a person who does not meet the requirements of the rules may still get the benefit of the Secretary of State's exercise of discretion in his favour under the concession. Under the concession, there is no absolute requirement that every day of residence during the ten years be a day of lawful residence. For more info Click here

The Tribunal in EY (Asylum determinations, date of service) Democratic Republic of Congo [2006] UKAIT 00032 (28 February 2006) observed that where asylum appeal determinations are served by post by the Secretary of State it is consistently the case that the date of posting such determinations is unclear. For more info Click here

The Tribunal in MH (Darfurians: relocation to Khartoum) Sudan CG [2006] UKAIT 00033 (03 April 2006) reiterated their view that relocation to Khartoum is viable for Darfurians, whilst noting that it was necessary following Januzi [2006] UKHL 5 to convene a country guidance decision dealing with the modern situation for internal relocation in Sudan. For more info Click Here

Garden Court Chambers seminars

30th May 06 - Crime and immigration seminar
For further info on seminars or to book, Click Here

Other seminar and training providers

EIN Training
EIN will be visiting Newcastle upon Tyne on Friday 16th June (at Newcastle University) for a course running from 1.00pm-5.30pm (4 hrs CPD) at which they will be putting their website through its paces. Call 0845 458 4151 to book.

ILPA Training
'Public Funding in Immigration', Thursday 27 April 2006, 3 CPD points.
Call ILPA on 0207 251 8383 to book.

JCWI Training 'The laws governing working in the UK'
(11 April 2006) 10am - 1.00pm (CPD: 2.5 hours)
A course to give detailed knowledge of the laws and procedures governing coming to or staying in the UK to work. Basic knowledge and experience of the work permit system is expected. Call 0207251 8708 to book.

HJT Training and Research 'Country Information Conference'
June 2006
A conference featuring practitioners and experts on Somalia, Sudan, Afghanistan, Iran, Iraq, and Democratic Republic of Congo. Call 0208 303 3013 or Click Here for further details.

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