Issue 2 - 20th February 2006 | News | Garden Court Chambers | Leading Barristers located in London, UK

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Government and Parliament

Joint Human Rights Committee issues critical report on control orders under Prevention of Terrorism Act. Click here for the full text of the report

Clause 38 of the Police and Justice Bill would subject immigration officers and Secretary of State's officials to the Independent Police Complaints Commission (IPCC), so that complaints about them would go to the IPCC as they do against police officers. Click here for the full text of bill.

Cases

R (Januzi) v SSHD, R (Hamid and others) v SSHD [2006] UKHL, 15.2.06: in deciding whether a person with a well-founded fear of persecution in part of his country could reasonably be expected to relocate to a part of the country where he had no such fear, the level of socio-economic rights available would generally be relevant only when economic survival there was problematic. The more closely and centrally state authorities had been involved in the persecution, the less likely it was that internal relocation was available, but there was no presumption against internal relocation in cases of state persecution: click here for more information.

R (Miao) v SSHD [2006] EWCA Civ 75, 16.2.06: a very useful decision on Article 8 in the context of carers. Click here for the text.

R (Parmak) v SSHD [2006] EWHC Admin, 13.2.06, Sullivan J: A Turkish national denied leave to enter the United Kingdom did not have the right to an in-country appeal against the decision to remove him.

Bozkurt v SSHD [2006] EWCA Civ, 15.2.06: Tribunal's failure to take into account country guidance in assessing whether adjudicator had erred in law was error of law.

SS Work and Pensions v Bhakta [2006] EWCA Civ: on ability of Dept to make advance award of income support from date on which habitual residence likely to be established. Click here for the full text

JM (r 62(7): human rights unarguable) Liberia* [2006] UKAIT 00009: (i) r 62(7) Procedure Rules restricts grounds which may be argued on reconsideration to which rule applies; (ii) if an appellant's human rights claim depends on consequences of removal, human rights grounds cannot avail in appeal against a decision not entailing removal: Click here for further info.

KK (unreported decisions: Practice Direction) Sudan [2006] UKAIT 00008 Reported: reminder of need to comply with practice direction in citing unreported determinations: Click h ere for futher information.

SP (Time for reply ? Rules 30(2) and 45(4)(c)) Pakistan [2006] UKAIT 00010: time limit for service of respondent?s notice under the 2005 Procedure Rules is mandatory and cannot be retrospectively waived: Click here for futher information.

SA (entry clearance application in Jordan - proportionality) Iraq CG [2006] UKAIT 00011: not now generally disproportionate to require Iraqi illegal entrant with British-based family to return, and to seek entry clearance in Jordan: Click here for futher information.

Policy

Dutch Parliament halts removal of Iranian Christian converts. For information click here (this site is free but you will need to register if you haven't done so), 9 February 2006.

Events

Human rights and Islamophobia, lunchtime lecture by Imran Khan, British Institute for Human Rights, 9 March 2006, 1.00-2.00pm at the Lecture Theatre, Courtauld Institute of Art, Somerset House, Strand, free. Click here for futher information.

HIV/AIDS and law: theory, practice and policy: a free seminar at BirkbeckCollege, Malet Street, London W1 on 10.3.06, 9.30 to 5.00. Click here for futher information. Places limited; to book email d.m?@bbk.ac.uk by 27 February.

Extradition, Deportation and Rendition: Protecting rights across the border: a one-day conference organised by JUSTICE and Sweet & Maxwell. 31 March 2006. £325 + VAT (£295 + VAT for JUSTICE members). Click here for futher information.