Issue 91 - 2 June 2008

Monday 2 June 2008

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News

The Diplomatic Conference for the Adoption of a Convention on Cluster Munitions, signed off the Convention on Cluster Munitions (30 May 2008), the Convention noting its deep concern that civilian populations and individual civilians continue to bear the brunt of armed conflict. More info

The President of the Parliamentary Assembly of the Council of Europe (PACE), Lluís Maria de Puig expressed his profound concern after the banning of Turkey's only gay rights association, ordered by a Turkish court. More info

The Monitoring Committee of the Parliamentary Assembly of the Council of Europe (PACE) expressed great concern at the "deteriorating" human rights situation in Azerbaijan, undermining any efforts being made by the authorities to meet basic democratic standards in the forthcoming Presidential election. More info

The visa section at the British Embassy in Beirut and the visa application centre are temporarily closed because of the ongoing security situation. Those who wish to make a new application can do so online but will not be able to make an appointment to submit their supporting documentation, give biometrics and pay until the visa application centre reopens. More info

The first of three reports following an 18 month enquiry into the UK asylum system was published by the Independent Asylum Commission. It focused on two areas, the results of the polling of the public on their views on asylum and the asylum system, and how the UK decides who needs sanctuary. Donna Covey, Chief Executive of the Refugee Council said: "Evidence gathered by the Commission shows an asylum system that does not have protection at the heart of its agenda. It has found that even accessing the asylum system is extremely difficult, stringent and punitive border controls making the UK even more unreachable as a safe haven for people fleeing persecution. For those that do get here, decision-making remains poor, and the way the process works is adversarial and does not guarantee a fair hearing. More info

Cases

The European Court of Human Rights delivered their long awaited decision in N v United Kingdom. Noting the findings of the domestic courts that if the applicant were to be deprived of her present medication her condition would rapidly deteriorate she would suffer ill-heath, discomfort, pain and death within a few years, the Court accepted that the quality of the applicant's life, and her life expectancy, would be affected if she were returned to Uganda, but noted that applicant was not at the present time critically ill. The rapidity of the deterioration which she would suffer and the extent to which she would be able to obtain access to medical treatment, support and care, including help from relatives, involved a certain degree of speculation, particularly in view of the constantly evolving situation as regards the treatment of HIV and AIDS worldwide. More info

The Special Immigration Appeals Commission (SIAC) found in Al Jedda v Secretary of State for the Home Department [2008] UKSIAC 66/2008 (23 May 2008) that an Iraqi with British nationality regained his Iraqi nationality/citizenship due to laws passed by the occupying powers at the latest on 28th June 2004, and if he did not relinquish that nationality in writing under Article 10.1 of the 2006 Nationality Law, was not made stateless by the decision of the Secretary of State to revoke his British citizenship, so that an order of the Secretary of State to deprive him of his nationality was not unlawful under section 40(4) of the 1981 Act. More info

In O v Secretary of State for the Home Department [2008] UKSIAC 15/2005 (08 May 2008) the SIAC found that where a decision to deport remained in existence, there was a legal power to detain (pending the litigation being finally resolved), albeit that the success of the appellant in his appeal would be of very great significance in whether detention should continue. More info

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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