No-Deportations - Residence Papers for All

                                        News & Views Monday 3rd March to Sunday 9th March 2014

10 Longest Recorded Lengths Of Detention @ 31st December 2013

1,428 Days - 3.9 years / 1,292 Days - 3.5 years / 1,254 Days - 3.4 years

1,078 Days - 2.9 years / 1,064 Days - 2.9 years / 1,008 Days - 2.7 years

951 Days 2.6 years / 861 Days 2.3 years / 845 Days 2.3 years / 840 Days 2.3 years

Immigration Bill - Committee (2nd Day)
Amendment 30
Clause 12: Place from which appeal may be brought or continued
Amendment 31
Clause 14: Article 8 of the ECHR: public interest considerations
Amendment 33
Amendment 34
Amendment 38
Amendment 47
House of Lord: Mar 2014 : <>Column 1349

Violence Against Communities In Colombia Seeking Land Restitution

That this House welcomes the Victims and Land Restitution Law in Colombia; notes with concern, however, the escalation of violence against communities seeking land restitution; further notes that in several cases this is due to the implementation of development projects involving foreign businesses and the production of agro-industrial crops for export; is alarmed by reports of violence against several communities in the process of land reclamation, notably the Afro-Colombian communities of Curvaradó, Cacarica and COCOMOPOCA and small-scale farming communities of Pitalito and Las Pabas, including reports that shots were fired at members of the Pitalito community, their leaders and lawyer; also notes with concern the escalation of threats against the human rights organisation, the Inter-Church Commission for Justice and Peace (Comision Intereclesial de Justicia y Paz), particularly in the context of increased killings of human rights defenders in Colombia; therefore calls on the Colombian government to provide adequate security and protection for communities, leaders and human rights defenders; and further calls on the Government to raise these concerns with the Colombian government and to report in the Foreign and Commonwealth Office annual Human Rights Report on the implementation of UN due diligence criteria by British businesses in Colombia in relation to land, in compliance with the UK Action Plan on Business and Human Rights; and urges the UK Embassy in Colombia to meet, monitor and report on the aforementioned communities.
House of Commons: <> 05.03.2014

Early Day Motion 1137: Baha'i Community In Iran
That this House notes the restoration of a level of bilateral links with the Islamic Republic of Iran; also notes the encouraging rhetoric of President Rouhani on improving civil rights for Iranian citizens; observes continuing reports of severe human rights abuses perpetrated against the Bahá'í community in Iran, including targeted attacks and murders without proper investigation to hold those responsible accountable, arbitrary arrests and detention; reflects that if the Iranian government is to be given credence for its laudable aim of normalising its international reputation, it should take concrete steps to restore rights to its Bahá'í minority and amend the 1979 constitution to afford Bahá'í citizens of Iran legal protection; and urges the Government to call on Iran to respect the human rights of its minority communities.
<>House of Commons, 04/03/14

Nigeria: More Than 600 Killed in the Last Two Months

Amnesty International is alarmed by the increase in attacks by unknown gunmen on people in north-east Nigeria and called on the government to take effective measures to protect the people and prevent further human rights abuses.

Early Thursday morning saw the latest attack, on Shuwa, Kirchinga and Michika villages in Adamawa State, north-east Nigeria, in which at least 40 people were slaughtered.

"Since the beginning of this year the attacks have intensified. Over 600 people have been killed by gunmen, often suspected to be Boko Haram," said Makmid Kamara, Nigeria researcher for Amnesty International.

"The Nigerian government's continued failure to protect ordinary people from attacks and unlawful killings is shocking. The authorities have an obligation to protect people's lives and properties under all circumstances. All armed groups operating in northern Nigeria must immediately stop these horrific attacks"
Read more: Amnesty International on Refworld, <> 04/03/14

Children in Detention October/November/December 2013

In the fourth quarter of 2013, 63 children entered detention, compared with 65 in the fourth quarter of 2012 and 45 in the fourth quarter of 2011. Of those children entering detention in the fourth quarter of 2013, 30 were initially detained at Cedars PDA, 29 at Tinsley House (Family Unit) IRC, one at Campsfield House IRC, one at Morton Hall IRC, one at Tinsley House (Non Family Unit) IRC and one at Larne House STHF.

Of the 67 children leaving detention in the fourth quarter of 2013, 25 were removed from the UK, 40 were granted temporary admission or release and two were granted Leave to Enter/Remain. Of those leaving detention, 49 had been detained for less than three days, 15 for between four and seven days, one had been detained for between eight and fourteen days and two for between 29 days and 2 months. The number of children removed from the UK on leaving detention has ranged from 2 out of 24 in the first quarter of 2011 to 24 out of 38 in the first quarter of 2013.

Shahzad (Art 8: legitimate aim) Pakistan [2014] UKUT 85 (IAC)

(i) Failure on the part of the Secretary of State to identify in her decision any legitimate aim under Article 8(2) of the ECHR does not prevent a court or tribunal from seeking to do so on the basis of the materials before it.

(ii) "Maintenance of effective immigration control" whilst not as such a legitimate aim under Article 8(2) of the ECHR can normally be assumed to be either an aspect of "prevention of disorder or crime" or an aspect of "economic well-being of the country" or both.

(iii) "[P]revention of disorder or crime" is normally a legitimate aim both in expulsion cases where there has been criminal conduct on the part of the claimant and in expulsion cases where there have only been breaches of immigration law.

(iv) MF (Nigeria) [2013] EWCA Civ 1192 held that the new immigration rules regarding deportation of a foreign criminal are a complete code. This was because of the express requirement in them at paragraph 398 to have regard to exceptional circumstances and other factors.

(v) It follows from this that any other rule which has a similar provision will also constitute a complete code;

(vi) Where an area of the rules does not have such an express mechanism, the approach in R (Nagre) v Secretary of State for the Home Department [2013] EWHC 720 (Admin) ([29]-[31] in particular) and Gulshan (Article 8 - new Rules - correct approach) [2013] UKUT 640 (IAC) should be followed: i.e. after applying the requirements of the rules, only if there may be arguably good grounds for granting leave to remain outside them is it necessary for Article 8 purposes to go on to consider whether there are compelling circumstances not sufficiently recognised under them.

117. To conclude: The First-tier Tribunal erred in law and its decision is set aside.

The decision we re-make is to dismiss the appeal on all grounds.

RK (Deportation: basis of plea) Albania [2014] UKUT 84 (IAC)

Where a deportation decision is based solely on a conviction following a plea of guilty, it is not for a Tribunal to reach its own view of the facts underlying a conviction based on a basis of plea save perhaps in very exceptional circumstances.

Appeal is remitted to be heard afresh by the First-tier Tribunal, constituted with neither of those who took part in the original appeal.



DR Congo:  [at risk of Persecution and Warranting Protection]
Lord Roberts of Llandudno to ask Her Majesty's Government what assessment they have made of the document reportedly circulated by the Ministry of the Interior of the Democratic Republic of the Congo advocating torture of political activists returning to that country by refoulement. [HL5677]

The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con): The Home Office has not seen the alleged document and therefore can make no assessment of this.

Our current guidance on the handling applications for asylum from nationals of the Democratic Republic of Congo (DRC) is set out in an Operational Guidance Note (OGN) of May 2012 and two country policy bulletins of November 2012 and February 2014. The OGN recognises that political opponents of the DRC government, based on available information, may be at risk of persecution and warrant protection in the UK. Any returns to the DRC are only undertaken if safe to do so.
House of Lords: 5 Mar 2014 : <>Column WA313

Report Reveals 'Extensive' Violence Against Women in EU
Violence against women is "an extensive human rights abuse" across Europe with one in three women reporting some form of physical or sexual abuse since the age of 15 and 8% suffering abuse in the last 12 months, according to the largest survey of its kind on the issue, published on Wednesday. The survey, based on interviews with 42,000 women across 28 EU member states, found extensive abuse across the continent, which typically goes unreported and undetected by the authorities.

Morten Kjaerum, director of FRA, the EU Agency for Fundamental Rights, which was responsible for the survey, said: "Violence against women, and specifically gender-based violence that disproportionately affects women, is an extensive human rights abuse that the EU cannot afford to overlook."

Read More: Jane Martinson, The Guardian, <> Wednesday 5 March 2014

Asylum Research Consultancy (ARC) COI Update Volume 74
This document provides an update of Country Guidance case law and UKBA publications and developments in refugee producing countries between 18th February and 4th March 2014 - Volume 74  <> here . . .

Garden Court Chambers - Immigration Law Bulletin – Issue 361

Immigration Bill - Committee (1st Day)

Clause 1: Removal of persons unlawfully in the United Kingdom
Clause 2: Enforcement powers
Clause 3: Immigration bail: repeat applications and effect of removal directions
Clause 5: Identifying persons liable to detention
Clause 6: Provision of biometric information with citizenship applications
Clause 8: Meaning of "biometric information"
Clause 10: Use and retention of biometric information
Clause 11: Right of appeal to First-tier Tribunal

House of Lords / 3 Mar 2014 :<>Column 1108

Continuing Conflicts that Create Refugees - February 2014

10 actual or potential conflict situations around the world deteriorated and one improved in February 2014, according to CrisisWatch N°127

Deteriorated Situations: Burundi, Central African Republic, Somalia, South Sudan, Nigeria, Thailand, Ukraine, Venezuela, Syria, Libya

Download the full report here: <> CW127.pdf

The financial allowances granted to asylum seekers must enable them to find, if necessary, accommodation on the private rental market

The financial aid may be paid by bodies forming part of the public assistance system, provided that they meet the minimum standards of EU law as regards the material reception conditions

Judgment in Case C-79/13 Federaal agentschap voor de opvang van asielzoekers v Selver Saciri and Others

On 11 October 2010, the Saciri family applied for asylum in Belgium. On the same day, the Federaal agentschap voor de opvang van asielzoekers ('Fedasil') informed the Saciri family that it was unable to provide reception and directed it to the Openbaar Centrum voor Maatschappelijk Welzijn van Diest (Diest public centre for social welfare; 'the OCMW'). Having been unable to find housing, the Saciri family turned to the private rental market. Being unable to pay the rent, it lodged an application for financial aid with the OCMW, which was rejected on the ground that the Saciri family ought to have stayed in a reception facility managed by Fedasil.

The Belgian courts then (on 21 January 2011) ordered Fedasil to offer reception facilities to the Saciri family and to pay it a sum of almost €3 000 for the three months during which it was not possible for Fedasil to house the family. An EU directive1 provides that, where housing (amongst other material reception conditions) is not provided in kind, it must be provided in the form of financial allowances or vouchers. With regard to the period during which the Saciri family was given neither housing in kind nor a financial allowance sufficient to pay its rent (October 2010 to January 2011), Fedasil and the Saciri family appealed to the Arbeidshof te Brussel (Brussels Higher Labour Court, Belgium). That court has therefore referred a number of questions to the Court of Justice.

Firstly, the referring court wishes to know (a) whether a Member State which grants the material reception conditions in the form of financial allowances (and not in kind) is bound to award those allowances from the time of the introduction of the asylum application and (b) whether it must ensure that the amount of those allowances is such as to enable asylum seekers to obtain accommodation. In that regard, the Court recalls that the period during which the material reception conditions must be provided is to begin when the asylum seeker applies for asylum, as is apparent from the terms, general scheme and purpose of the directive.

Furthermore, the Court also deduces from the directive that the financial aid granted must be sufficient to ensure a dignified standard of living and adequate for the health of applicants and capable of ensuring their subsistence, it being understood that the Member State must adjust the reception conditions to the situation of persons having specific needs, in order, in particular, to preserve family unity and to take account of the best interests of the child (accordingly, the amount of the allowances must enable minor children to be housed with their parents). Where the housing is not provided in kind, the financial allowances must enable the asylum seekers to obtain housing, if necessary, on the private rental market, without their being left to make their own choice of housing suitable for themselves.

The referring court also asks whether, where the accommodation facilities for asylum seekers are overloaded, the Member States may refer the asylum seekers to bodies within the general public assistance system. In that regard, the Court states that payment of the financial allowances may be made by such bodies, provided that those bodies ensure that the minimum standards laid down in that directive as regards the asylum seekers are met. In other words, overloading of the reception networks is not a justification for any derogation from meeting those standards.

Last updated 8 March, 2014