Issue 92 - 9th June 2008

Monday 9 June 2008

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News

The UNHCR has published guidelines for determining what is in the best interest of children falling within its mandate. To view the guidelines:

The UK Border Agency has added new occupations to the national shortage occupation list for work permits and amended two occupation titles. Full details of all these changes click here

The Independent Monitor for entry clearance refusals published a report on the 3rd June 2008. The report covers applications made between April to September 2007; overseas visits between October 2007 to March 2008 and complaints handling by UK Visas. For more information click here

Cases

In Etame v Secretary of State for the Home Department & Anor [2008] EWHC 1140 (Admin), the High Court held that the words "has made a claim" in the Nationality, Immigration and Asylum Act 2002 s.92(4)(a) meant that an in-country right of appeal only existed where there was a nexus between the immigration decision that formally generated an appeal and the representations or application that the immigration decision had been responding to. The words "an asylum claim or a human rights claim" in the same subsection meant that only a first claim to asylum or a fresh claim would result in an in-country right of appeal.

In WD (Lebanon, Palestinian, ANO, risk) Lebanon CG [2008] UKAIT 00047 the Tribunal found that the Abu Nidal Organisation ("ANO") exists now as no more than separate cells and individuals operating on their own, and hence is very unlikely to pose a real threat to an individual who has in the past been the object of its hostility.

Where there are grounds for believing that a returnee may be suspected by the Algerian authorities of having been involved in terrorist activity abroad, the Tribunal held in HS (Terrorist suspect, risk) Algeria CG [2008] UKAIT 00048 that he may be at real risk on return in the absence of specific assurances from the Algerian government and/or monitoring by the British Embassy in Algiers. The risk arises from the time that he may spend in the custody of the DRS (Département du Renseignment de la Securité ) while his background is investigated. 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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