Asylum

The Court of Appeal has found that an immigration judge was wrong to adopt the Home Office's reasons for refusing the appellant asylum claim without giving proper attention to the appellant's response to the refusal Abdinur Hussein v Secretary of State for the Home Department (2006) (21/6/20006).

The government has published the new 'Refugee or Person in need of International Protection (Qualification) Regulations 2006', which will become law on 9th October 2006.

The Regulations are in response to a European Communities Directive agreed by the Member States of the European Union in 2004 (excluding Denmark).

The Court of Appeal has held that the Asylum & Immigration Tribunal did not give an Iraqi a fair and proper hearing (Azez v Secretary of State for the Home Department (CA) (BLD 2306062099) 22/6/06) (unreported)

The Immigration & Nationality Department has published new guidance for the Family ILR policy, also known as the 'family amnesty', which has been in place since October 2003.

This is a one-off exercise by the Home Office to allow some asylum seeking families to remain in the UK, but has become widely known as the 'families' amnesty'.

There have been a series of cases spanning over a year that have considered the issue of whether the forced return to Zimbabwe of failed asylum seekers or those who claimed under the Human Rights Act would be subject to treatment that would engage either the Refugee Convention or the Human Rights Convention.

In late 2005, the Asylum and Immigration Tribunal (the Tribunal) determined substantively two test cases on the issue of forcible removal to Zimbabwe and what the likely consequences of forced removal would be; AA(involuntary returns to Zimbabwe) [2005] UKAIT 00144 CG and LK (AA applied) Zimbabwe [2005] UKAIT 00159.

The Government has introduced a change in the policy in respect of the leave to remain or enter granted to recognized refugees. The changes will apply to all those recognised as refugees whose leave was granted on or after 30 August 2005. A refugee will no longer be granted Indefinite Leave to Remain in the United Kingdom, and instead a five-year residency will be granted. Thereafter the refugee status will be subject to review. The reviewing process can also take place in a certain circumstances prior to the expiry of the five-year leave.

The new policy and introduction of reviews is to ensure that permanent settlement is granted only to those refugees, who after having spent five years in the United Kingdom, are still eligible to remain here. The policy is said to be in line with the 1951 Geneva Convention, which states that that the protection of the Convention will cease to apply in circumstances where the protection is no longer needed.

On 23rd October 2003 The Home Office announced a One-Off Exercise to grant indefinite leave to remain to certain asylum seekers and their dependants where the asylum claim was made before October 2000 and there is a dependant child of the applicant who was aged under 18 in October 2000 or October 2003. Please note this is not an exhaustive list of the criteria. Initially the concession ended in December 2004 however the Home Office deadline for making applications has been extended until April 2006.

Gherson and Company is able to advise and assist you with an application under the concession.

The Public Enquiry Office of the Home Office have now confirmed that they are operating an appointment only service for the Same-Day Service consideration of applications. Please note however that the Home Office will only accept certain types of application on this service. The Home Office also advises that all applications must be fully documented and enclose all relevant information to enable them to process the application.

Gherson & Co are able to advise and assist you in connection with an application on this basis. We are also able to submit an application at the Home Office on your behalf under the fast track procedures providing that you comply with the relevant requirements.

Credibility of Asylum and Human Rights Claimants Section 8 Asylum and Immigration (Treatment of Claimants, etc) Act 2004

The Deputy President of the Appellate and Immigration Tribunal, Mr Ockelton, has recently considered the scope and application of Section 8. Two decisions have recently been reported giving guidance on Section 8. MM(Section 8: commencement) Iran [2005]UKAIT 00115 and SM (Section 8: Judge?s process) Iran [2005]UKAIT00116.

The Home Office wish to encourage both asylum seekers and recognised refugees to take an active interest in the welfare of their own communities and the local community by undertaking voluntary activity while they are in the UK.

However, welfare organisations, employers and the like must exercise caution, to ensure that, in the case of asylum seekers, they may not be given the right to remain here. They should therefore not be led to believe that voluntary activity is regarded as a step towards refugee status being granted.

Welfare organisations, employers and the like must ensure that the activity being undertaken by the asylum seeker is genuinely voluntary and does not amount to employment. Even unpaid employment is not permitted in the case of asylum seekers and accordingly the line between voluntary activity and employment (paid and unpaid) must be specific and distinctive.
An example of unpaid employment would be an arrangement in which a person makes an arrangement to help out in a business, perhaps on behalf of a relative, in return for some non-monetary benefit. But where the work is unpaid and is carried out on behalf of a charity, voluntary organisation or body that raise funds for either then it will be accepted for immigration law purposes as volunteering.