Issue 93 - 16th June 2008

Monday 16 June 2008

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The economic case for migration was reinforced as the Government published its response to the House of Lords Committee's report on the economic impacts of migration, finding that immigration has contributed to the success of the UK economy by helping to meet labour and skills shortages in the public and private sectors and noting that the evidence suggested that migrants on average make a stronger net fiscal contribution than those born in the UK. More info

The Council of Europe’s Commissioner for Human Rights, Thomas Hammarberg, assessed statelessness in Europe, concluding that “the persistence of ‘legal ghosts’ is unacceptable”. Reviewing concrete examples related to citizenship and residence, Mr Hammarberg called on Council of Europe member states to implement measures to reduce and eliminate statelessness, thus helping to prevent conflicts and promote social cohesion. More info


In McCarthy v Secretary of State for the Home Department [2008] EWCA Civ 641 (11 June 2008) the Court of Appeal found that a United Kingdom citizen resident in the United Kingdom cannot, by virtue of also having Irish nationality, claim a residence permit under the Directive, for they needed to be living in the United Kingdom pursuant to EEA rights and not simply because of their British nationality. Pill LJ noted that  the Directive does not invariably impose a requirement that there is movement from one country to another before the Directive is engaged, however.

In K (R on the application of) v Secretary of State for the Home Department [2008] EWHC 1321 (Admin) (16 May 2008) Collins J found that the detention on account of “imminent removal” was not justified where it was to be four weeks or so before any removal directions were set.  Detention has to be justified, should only be used when absolutely necessary and should only be used on a proper basis and understanding of the situation, and where an asylum claim had failed for reasons other than a lack of credibility it might be difficult to conclude that there was dishonesty in the immigration history justifying detention (Collins J)

Cranston J in the Administrative Court in Mahamed (R on the application of) v Secretary of State for the Home Department [2008] EWHC 1312 (Admin) (13 June 2008) found that a safe third country certificate case was not issued where it was not served before the authorising legislation was repealed: it was thus a nullity. However subsequent certification stopped any existing appeal in its tracks.

In VM (FGM,risks,Mungiki,Kikuyu/Gikuyu) Kenya CG [2008] UKAIT 00049 (09 June 2008) the Tribunal found that women and girls in Kenya are members of a particular social group, and that the dangers of FGM and the Mungiki were very acute. Churches offered little protection and in seeking to establish herself away from her own area a woman would have to look to her ethnic group, enhancing the risk of eventual discovery by her potential persecutors.

InGalliani v Romania(Application no. 69273/01; 10 June 2008) the European Court of Human Rights found a breach of Article 5 ECHR because of a lack of effective access to the courts combined with the fact that the applicant was never given the choice to leave the country of her own free will after an exit visa had been applied to her passport as was envisaged by Romanian law.

In Boumediene v. Bush (553 US; 12 June 2008) the US Supreme Court by a majority found that Guatanamo Bay detainees are entitled to the privilege of habeas corpus to challenge the legality of their detention, noting that within the American Constitution’s separation-of-powers structure, few exercises of judicial power are as legitimate or as necessary as the responsibility to hear challenges to the authority of the Executive to imprison a person. Given that some of the petitioners had been in custody for six years with no definitive judicial determination as to the legality of their detention, their access to the writ was a necessity to determine the lawfulness of their status.


There is a course on legacy cases and support given by ILPA on Tuesday 24 June 2008, London, 4-7.15pm Speakers: Steve Symonds, ILPA, Sue Willman, Peirce Glyn Solicitors.

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