Issue 90 - 26th May 2008

Sunday 25 May 2008

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NEWS

The UK Border Agency has published its guidance for Tier 1 of the points-based system for highly skilled workers who want to work, train or study in the United Kingdom.

The Home Office released its 'Asylum Statistics: 1st Quarter 2008' this week. Overall applications were up 16%, whilst initial decisions were down 26%. The countries generating the most applicants are Afghanistan (830: +10%); Iraq (700: +122%); Zimbabwe (640: +97%); Iran (580: -3%) and Eritrea (470: +38%).

CASES

Asfaw, R v [2008] UKHL 31
The Immigration and Asylum Act 1999 s.31 should not be read as limited to offences attributable to a refugee's illegal entry into or presence in the United Kingdom, but should provide immunity from the imposition of criminal penalties for offences attributable to a refugee's attempt to leave the UK in the continuing course of a flight from persecution even after a short stopover in transit.

Secretary of State for the Home Department v IA (Pakistan) [2008] EWCA Civ 580
Where a determination had been given by the Asylum and Immigration Tribunal in relation to the internal relocation of Pakistani Ahmadis, there was no reason to remove the country guidance status given to the determination as the intended effect of the determination was to undo earlier country guidance that had an agreed faulty factual basis.

BE (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 540
An Iranian soldier who deserted rather than continue to lay anti-personnel mines in roads used by innocent civilians was seeking to avoid the commission of what civilised opinion in the United Kingdom and worldwide recognised as an atrocity and gross violation of human rights and was accordingly entitled to asylum.

NA (Palestinians - risk) Iraq CG [2008] UKAIT 00046
In the light of recent evidence highlighting that the position of ethnic Palestinians in Iraq has worsened. JA (Ethnic Palestinian-Iraq-Objective Evidence) Iraq CG [2005] UKIAT 00045 is no longer to be considered as authoritative on this issue. Currently ethnic Palestinians in Iraq in general face a real risk of persecution and treatment contrary to Article 3 ECHR. Whilst each case is to be considered on its merits, it would only be in exceptional cases that an ethnic Palestinian would not be at real risk.

EVENTS

The New Points System: What Consequence For Business, Government And Law (HJT Training London Conference at Garden Court Chambers - 13 June 2008). Chaired by Laurie Fransman QC, the conference features experts in managed migration, including practitioners from Fransman Solicitors. A Home Office speaker will explain employer sponsorship, and a Foreign and Commonwealth Office representative will explain the review processes. Ian Macdonald QC will address legal remedies. Contact enquiries@hjt-training.co.uk or call 01322 424694

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