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defendasylumseekers@yahoo.co.uk
This is the information about the DRC Country Guidance tribunal that people need to give to their solicitors:
The hearing of the DRC country guidance has now been postponed until at least September as the Home Office have asked for more time to consider the evidence. The tribunal relates to risk on return. In theory, the HO should not be returning people to DRC or even considering their cases until a decision has been reached by the judges. At this rate, a decision may not be forthcoming until as late as December.
Imminent Removals/deportations to DR Congo
Solicitors have stopped a considerable number of removals by submitting judicial reviews/fresh claims on the on the basis that the Home Office and the Courts are in possession of documents, including expert reports, which demonstrate the real risk for failed asylum seekers who are returned to the DRC. In theory we can stop every removal/deportation on this basis if we know about it.
To stop removal directions and to defer judicial review hearings and in theory other appeal hearings, solicitors can also quote Appeal No. BK in which a judge's decision set a precedent. Appeal no BK relates to the case of Steve Mbala Kimwela where Justice Walker declined to hear Steve's JR appeal in May until 14 days after a decision was reached on the country guidance.
The fact that there is a precedent to postpone the hearing of DRC JRs or other appeal hearings until after a decision is reached on the Country Guidance is also a good reason for detainees to put in for bail as it will be several months now before such a decision is published - several months in which removal directions should not in theory be set and JRs should not be heard.
Solicitors and others who are making representations on the basis of the Country Guidance and Appeal ref BK do not need to have any documents relating to the CG or to Appeal ref BK in their possession. It is sufficient simply to refer to them as they are already with the Home Office. It is not possible to make public documents being used as evidence in the CG for obvious reasons.
For help with JRs and injunctions done on the basis roughly explained above, please contact counsels Chris Jacobs and/or Jessica Frances (they can be reached through Trott & Gentry solicitors).
Link to More 4 News report from London demo
27.02.2007 10:00
Nicki
e-mail:
defendasylumseekers@yahoo.co.ukThis is the information about the DRC Country Guidance tribunal that people need to give to their solicitors:
The hearing of the DRC country guidance has now been postponed until at least September as the Home Office have asked for more time to consider the evidence. The tribunal relates to risk on return. In theory, the HO should not be returning people to DRC or even considering their cases until a decision has been reached by the judges. At this rate, a decision may not be forthcoming until as late as December.
Imminent Removals/deportations to DR Congo
Solicitors have stopped a considerable number of removals by submitting judicial reviews/fresh claims on the on the basis that the Home Office and the Courts are in possession of documents, including expert reports, which demonstrate the real risk for failed asylum seekers who are returned to the DRC. In theory we can stop every removal/deportation on this basis if we know about it.
To stop removal directions and to defer judicial review hearings and in theory other appeal hearings, solicitors can also quote Appeal No. BK in which a judge's decision set a precedent. Appeal no BK relates to the case of Steve Mbala Kimwela where Justice Walker declined to hear Steve's JR appeal in May until 14 days after a decision was reached on the country guidance.
The fact that there is a precedent to postpone the hearing of DRC JRs or other appeal hearings until after a decision is reached on the Country Guidance is also a good reason for detainees to put in for bail as it will be several months now before such a decision is published - several months in which removal directions should not in theory be set and JRs should not be heard.
Solicitors and others who are making representations on the basis of the Country Guidance and Appeal ref BK do not need to have any documents relating to the CG or to Appeal ref BK in their possession. It is sufficient simply to refer to them as they are already with the Home Office. It is not possible to make public documents being used as evidence in the CG for obvious reasons.
For help with JRs and injunctions done on the basis roughly explained above, please contact counsels Chris Jacobs and/or Jessica Frances (they can be reached through Trott & Gentry solicitors).