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Important notice for Lesbian/Gay/Bisexual/Transgender (LGBT) who have been refus

John O | 22.07.2010 09:19 | Migration | Social Struggles | Workers' Movements | World

You can now ask UKBA for your case to be reviewed in light of the judgement of the Supreme Court in HJ (Iran) & HJ (Cameroon).

[ HJ (Iran) & HJ (Cameroon) may also be beneficial to religious minorities who have been refused asylum on the grounds that they could relocate. You will need to check with a reliable solicitor/case worker. ]


Asylum Seekers [ HJ (Iran) & HJ (Cameroon) ]

House of Lords / 21 July 2010 : Column WA216
 http://tinyurl.com/Column-WA215

Lord Avebury to ask Her Majesty's Government whether they will issue an asylum policy instruction following the judgment of the Supreme Court in HJ (Iran) (FC) v Secretary of State for the Home Department and HJ (Cameroon) (FC) v Secretary of State for the Home Department; and whether they will review decisions by the UK Border Agency which may be incompatible with that judgment.[HL1207]

Baroness Neville-Jones: Asylum decision-makers were instructed to apply the new test contained in the judgment immediately after the judgment was published. They have also been asked to review, in the light of the new test, cases in which a decision has already been made but in which appeal rights have not yet been exhausted.

There will not be an automatic review of cases where appeal rights have been exhausted but individuals are able to ask for their case to be reviewed in light of the new judgment.

An asylum policy instruction will be published within the next few months. This will reflect the judgment and we will develop better training to promote understanding of sexual orientation and identity issues in order to help decision-makers to decide on the basis of the best available information and knowledge.


Summery of the Judgement can be accessed below:
 http://www.freemovement.org.uk/Media-2/HJIranandHTCameroon.html

USA: Fix Dysfunctional Immigration System
Congress and the Obama administration should include protections for immigrants' human rights, both in their daily lives and in the courts, in any immigration reform proposals, Human Rights Watch said in a report. The report includes a series of recommendations for changes in immigration law to address such issues as the vulnerability of immigrants to exploitation in the workplace, including sexual abuse and unfair labor conditions.

"When immigrants and their children suffer because employers exploit them or the laws don't protect them, all Americans are harmed," said Alison Parker, US program director at Human Rights Watch. "There is a consensus that something needs to be done about immigration, and this report offers practical, commonsense solutions."

Among other major steps, the report recommends that Congress and the Obama administration:

Provide a path to legalization for undocumented migrants, which would offer tangible governmental protection to especially vulnerable individuals and secure their willingness to report crimes to law enforcement;

Ensure that immigrant workers, who are likely to fear being fired and deported should they report workplace violations, have a grace period to search for a new job after leaving their initial employment;

Untie immigration judges' hands so that they may consider each legal resident's connections to the United States (such as family relationships or military service) before deporting him or her.

 http://tinyurl.com/HRW-USA


The Netherlands: Do Not Deport Somalis
Forced Return Contravenes UN Refugee Guidelines
The Dutch government should immediately halt all plans to return Somalis to war-torn Somalia, Human Rights Watch said today. The Dutch authorities have announced their intention to deport, between now and October 2010, at least eight Somalis whose claims for asylum have been rejected. The first deportation could take place as early as July 24. The plan is contrary to UN refugee guidelines, which advise against all deportations to south-central Somalia.
 http://tinyurl.com/27kkts8

John O
- e-mail: JohnO@freemovement.org.uk
- Homepage: http://www.freemovement.org.uk