Immigration

first_img The claimant was a Tamil of Sri Lankan nationality. He left Sri Lanka and travelled to Malaysia where the United National High Commissioner for Refugees (UNHCR) determined that he had good grounds for claiming that he would face persecution if returned to Sri Lanka. It was decided that, under the Geneva Convention relating to the Status of Refugees 1951 (the Refugee Convention), he would be accorded protection against return to Sri Lanka. Consequently, he was issued with an identity card which provided that he would be given protection against removal to Sri Lanka (the UNHCR card). The claimant did not claim asylum in Malaysia. He travelled to Cyprus and, from there, used a forged passport to enter the United Kingdom where he then sought asylum. The UK sent a formal request to Cyprus under art 9 of Council Regulation (EC) 343/2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodge in one of the member states by a third-country national) (the Dublin Regulation) to accept responsibility for the claimant’s asylum claim. Cyprus accepted responsibility for the claim. The defendant secretary of state certified the claimant’s claim as clearly unfounded under para 5(4) of Pt 2 to Sch 3 to the Asylum and Immigration (Treatment of Claimants etc) Act 2004 and decided that the claimant would be removed to Cyprus. The claimant sought judicial review of that decision. He submitted that: (i) he had had a legitimate expectation, based on the secretary of state’s mandate refugee policy, that his asylum claim would be considered in the UK; (ii) he would be at substantial risk of detention in inhumane conditions in breach of his rights under art 3 of the Convention; (iii) that if he were not detained, he would not be provided with proper welfare support and appropriate living conditions so that there would be a substantial risk of breach of his rights under art 3 of the Convention; and (iv) he would be at substantial risk of refoulement to Sri Lanka in breach of his right to protection under the Refugee Convention and arts 2 and 3 of the European Convention on Human Rights (see [26] of the judgment for the relevant provision of the policy). The application would be dismissed. (1) The claimant could not demonstrate that he had had a legitimate expectation that his claim would be considered under the mandate refugee policy. Applying established principles, the claimant could not show that the relevant statement in the mandate refugee policy was clear, unambiguous and devoid of relevant qualification. It was clear that the main point of the policy was to explain to officials how the mandate refugee policy worked, including that it might be necessary to consider applications for asylum under the Refugee Convention made by persons from outside the UK. In that context, the relevant statement was properly to be read as a reminder to officials that, if a claim for asylum was made by a mandate refugee who was present in the UK, the usual rules regarding consideration of their claim applied. The sentence relied upon by the claimant could not fairly be read as a clear and unambiguous statement that the secretary of state would herself consider the asylum claim in the UK and would not seek to operate the Dublin Regulation procedure even in a case in which she would be entitled so to do. It required very clear and distinct wording explaining that before it could fairly be concluded that the mandate refugee policy was intended to be read as having the effect that, in the case of mandate refugees, the Dublin Regulation would not operate. No such clear and distinct wording was used in the policy (see [28]-[30] of the judgment). Claire Physsas (instructed by Satha & Co) for the claimant. Lisa Giovanetti (instructed by the Treasury solicitor) for the secretary of state. R v IRC, ex p MFK Underwriting Agents Ltd [1989] STC 873 applied; R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2008] 4 All ER 1055 applied; Paponette v A-G of Trinidad and Tobago [2010] All ER (D) 275 (Dec) considered. (2) There was a presumption that a contracting state to the Convention would respect its international obligations in asylum matters, which presumption had to be rebutted if the claim was to be made out. A degree of adverse commentary on a state’s asylum procedures, even from highly respected sources such as the UNHCR, did not immediately lead to the conclusion that the presumption was rebutted (see [42] of the judgment). In the instant case, there was a significant evidential presumption that Cyprus did responsibly and properly act to assess asylum applications made to it in an effective manner. The claimant was a long way from being able to rebut that presumption. Although there were adverse opinions on Cyprus’s asylum procedures from certain local organisations, there was no pattern of adverse reporting from respected international organisations. The pattern of reports in the case of Cyprus was very far from showing agreement on the part of the leading international bodies that Cyprus’s asylum procedures were far from deficient or that asylum seekers there could not in practice have their claims for asylum considered effectively. The UNHCR had not suggested that asylum procedures in Cyprus were deficient or in any way unacceptable. Any criticism that was made did not show that there was a substantial failure on the part of Cyprus to comply with its international obligations with respect to protecting asylum seekers against refoulement to countries where they might be at risk, nor was it suggested that asylum seekers could not safely be sent to Cyprus under the Dublin Regulation procedures. There was no pattern of conduct by the Cypriot authorities to deprive potential asylum seekers of all information about their rights or how to apply for asylum. There was no good basis, on the evidence available, for concluding that there was any significant impediment on an asylum seeker in Cyprus who feared refoulement from applying to the European Court of Human Rights for an interim protection order (see [42], [46], [53]-[55], [60] of the judgment). TI v UK (App no 43844/98) (unreported, 7 March 2000) considered; KRS v United Kingdom (App no 32733/08) (unreported, 2 December 2008) considered; MSS v Belgium and Greece (App no 300696/09) (unreported, 21 January 2011) considered. (3) Although in the various reports of the international organisations there were, at some places, some criticisms of the detention conditions in which asylum seekers were held, they were comparatively muted in tone. They fell a long way short of the sort of material which supported a claim that the secretary of state would act in violation of the claimant’s rights under art 3 of the Convention by sending him to Cyprus to face detention there (see [68], [72] of the judgment). (4) On the evidence, there was no indication that there was a serious problem and disregard for the welfare interests and living conditions of asylum seekers in Cyprus. The UNHCR had not suggested that there was a serious problem for asylum seekers in Cyprus such as amounted to inhumane treatment contrary to art 3 of the Convention. The claimant fell far short of demonstrating that the secretary if state would act in breach of his rights under art 3 of the Convention by sending him to Cyprus (see [74]-[75] of the judgment). Per curiam: In my assessment, although the reports of these local organisations which are produced for publication in the public domain are entitled to weight (as equivalent reports from local organisations in Greece were taken into account in MSS from local organisations in Greece were taken into alongside reports from international organisations), they carry considerably less weight than the considered reports of bodies such as the UNHCR, the ECRI, LIBE and the US State Department. Local organisations such as KISA do not have the resources nor the general perspective on acceptable standards of protection for asylum seekers which those other bodies have. Nor is it apparent that the local organisations are engaged in a process of dialogue with the Cypriot authorities in the way that the UNHCR, the ECRI and LIBE appear to be, in the course of which the authorities are given an opportunity to comment on possible criticisms. Therefore, the reports of the local organisations risk being rather one-sided in the picture they present (see [56] of the judgment). R (on the application of Elayathamby): Queen’s Bench Division, Administrative Court (London) (Mr Justice Sales): 11 August 2011 Per curiam: …where materials are not published and readily accessible in the public domain, a contracting state cannot be expected to be aware of those materials when deciding whether it is lawful to send an individual to another country under the Dublin Regulation procedures (see [60] of the judgment). Asylum seeker – Removal from United Kingdom to state of which person not national or citizenlast_img read more

Sapphire Corp to acquire Ranken Infrastructure Ltd

first_imgASIA: The shareholders of Singapore-listed Sapphire Corp approved the 360m yuan acquisition of Chinese rail engineering specialist Ranken Infrastructure Ltd at an extraordinary general meeting on September 2. The deal is expected to be completed by October.Established in 1998, Chengdu-based Rankin undertakes projects in China, India, Bangladesh and Saudi Arabia. It has a registered capital of 500m yuan, and as of December 1 2014 the order book stood at 2·1bn yuan.Sapphire is the parent company of an Australian mining services firm and operates a nickel mine in Vietnam. It said the acquisition of Rankin would ‘propel’ Sapphire’s ‘foray into metro, urban rail transit and other major land transport infrastructure projects in China and Southeast Asia’, with the ability to ‘undertake and finance major projects in the fast-growing rail sector in China and other emerging markets’.‘Leveraging Ranken’s proven capabilities and track record, we intend to grow the order book and participate in the major long-term infrastructure projects by entering into strategic partnerships or joint ventures with Chinese state-owned enterprises or provincial governments’, said Sapphire CEO & Managing Director Teh Wing Kwan.last_img read more

Gautrain seeks second-hand EMUs from the UK

first_imgSOUTH AFRICA: Gautrain Management Agency is planning to obtain second-hand rolling stock from the UK. This follows an abortive tender called in February 2016 for a fleet of 12 new four-car trainsets. Despite three bidders being shortlisted, none of the bids was compliant. After evaluating its options, GMA decided in May this year not to reissue the tender for new rolling stock, choosing instead to acquire fewer second-hand trains at lower cost, reportedly around R2bn compared with R4∙5bn. Trains from the UK would match Gautrain’s requirements as the existing fleet is built to the UK loading gauge and is derived from Bombardier’s Electrostar design; 24 four-car EMUs were delivered from 2008 onwards, with some being assembled in South Africa. As large numbers of new trains are on order or are currently being delivered for use by UK franchises, suitable rolling stock may shortly come off lease, potentially becoming available for sale or lease to the South African operator. CEO Jack van der Merwe said that GMA had identified three UK leasing companies that may be able to supply suitable rolling stock. Once GMA had obtained approval from the South African government for its plans, the leasing companies would be invited to submit bids in a closed tender process. GMA hopes that the trains could be refurbished and refitted using local labour and materials, with the first trains ready to run by 2022. Gautrain operates an 80 km Y-shaped network linking Pretoria with Johannesburg and OR Tambo International Airport. The future fleet would mainly be diagrammed to operate the airport service, with the EMUs currently deployed there being switched to the busy north-south route between Johannesburg and Pretoria. Gautrain routes are built to 1 435mm gauge and are electrified at 25 kV 50 Hz. Additional stock is needed to cope with heavy demand during the morning and evening peak hours, but Gautrain has recently revised its forecasts down so that only 30 new cars are required. Gautrain services operate as part of a 20-year PPP concession awarded to the Bombela consortium in 2006. When this comes up for renewal in 2026, there may be an opportunity to obtain further additional trains, possibly in combination with a recapitalisation.last_img read more

Global mining firms sue Kenya for $3.2 billion over licence cancellation

first_imgTrade Secretary Principal Chris Kiptoo.10 global mining firms are all suing Kenya over the government’s decision to cancel the firms’ licences to operate in the country. According to the International Centre for Settlement of Investments Disputes (ICSID), the lawsuits seek a total of $3.2 billion in compensation.The largest of the suits, a $2 billion claim, was brought forth by Cortec Kenya Limited.  The company says the Kenyan government revoked its licence to prospect at a site in Kwale County shortly after it obtained a National Management Authority permit.  The company had also announced a plan to invest $434 million in the Kwale County venture.According to the government, the process of granting Cortec’s 21-year-old license violated procedure and also violated regulations that banned exploration of minerals in a gazetted forest.Another company, WalAm, suffered a similar fate in 2012 when the Kenyan government accused them of breaching the contract terms in regard to construction of plants.Trade Principal Secretary Chris Kiptoo says the decisions were taken to protect the environment, public health, avert taxation disputes as well as cool down tempers among resident communities who were to be evicted paving way for the projects.Other firms that lost licences include Sirmonet Mineral Kenya, Yongtai Mining Company, Balham Trading Company, Ololunga Mining and Industrials as well as AQ Kenya Gold Ltd, the East African reports.last_img read more

Egypt’s Suez Canal revenues up to $1.91 billion in 2020

first_imgEgypt to inject $55 billion into Suez Canal Zone development Egypt to open Suez Canal expansion Egypt’s Suez Canal revenues rose to 1.91 billion U.S. dollars in the first four month of 2020 from 1.87 billion dollars during the same period in the previous year, chairman of the Suez Canal Authority (SCA) said on Monday.“Navigation movement at the Suez Canal is regular and within normal rates and wasn’t affected by the outbreak of the coronavirus,” Osama Rabie said in a statement.He added that the navigation of ships in the international waterway rose by 9.6 percent in April 2020, recording 1,731 vessels passing in the two sides, compared with 1,580 ships during the same month a year earlier.The Suez Canal is one of Egypt’s main sources of national income and foreign currency reserves.Relatedcenter_img Egypt to issue new Suez Canal commemorative coinslast_img read more

‘I Am The Boss’ is the New Dimension Theatre’s latest production

first_img Share 310 Views   no discussions Sharing is caring! EntertainmentLocalNews ‘I Am The Boss’ is the New Dimension Theatre’s latest production by: – May 12, 2017 Sharecenter_img Tweet Press ReleaseAs part of DomFesta Celebrations 2017, the 35 year old New Dimension Theatre provides patrons and theatrical lovers , fans and friends with an opportunity to see another humorous and exciting play entitled I AM THE BOSS, at the Arawak House of Culture on Saturday 13th – Sunday 14th May at 8pm, nightly.I AM THE BOSS, written by prolific playwright and director Steve Hyacinth brings into focus the Manager of a firm Mr. Parker Ben, who after the death of his half-brother, took over the ownership of the business and adopted an I am the boss approach to management. His modus operandi is embedded in his leadership style, greed, selfish desires and ambitions which puts him in conflict with himself and others. The story is fascinating and exciting, the plot is intriguing and the climax is amazing. With its highly talented cast of nine made up of Jerry Coipel, Meritta Hyacinth, Nawana Shillingford, Julian Lloyd Benjamin, Narissa Browne, Daryl Titre, Andra Nanton, Aldia Titre, and Iyka Dorival. It is one play you must see. Don’t wait to hear about it. Be there. Tickets cost $25.00 and can be obtained at Bulls Eye Pharmacy and group members. You pay more at the gate. The group plans to take the play to Portsmouth and Wesley at dates to be announced shortly. Don’t miss this one! Come and have fun. Sharelast_img read more

NBTC REGION 6 FINALS: Sta. Clarita edges Hercor College

first_imgRalph Bajon was hailed as the Most Valuable Player of the National Basketball Training Center Region 6A finals for leading the way for Santa Clarita International School Primes in their match against Hercor College Junior Jaguars on Monday, Feb. 25. FACEBOOK SANTA Clarita International School Primes ruled the National Basketball Training Center Region 6A finals after a 110-99 win over Hercor College Junior Jaguars on Monday at the Dayao Gym in Roxas City.Ralph Bajon was hailed as the Most Valuable Player of the regional finals for leading the way for the Primes, which earned the right to represent Region 6A in the National Finals slated this March at the SM Mall of Asia Arena in Pasay City.The Primes got their shots early in the match behind Bajon and Franc Steven Tono for a 31-18 advantage. The lead swelled further to its largest at 56-35 at the half with its torrid outside shooting.The Junior Jaguars, however, forced the Primes to several turnovers in the third period to come to within two points but Santa Clarita came up with timely hits from Bajon in the fourth quarter to widen the lead to double digits. “We are happy to be given the opportunity to play in the National Finals in Manila. The players were very excited because it was their first time to play in such a big stage,” said Primes head coach Rodel Camacho.“We will prepare hard for that to make sure that we will give our A game even if we will encounter tough teams there,” he added. “I want them to play well there because it is an opportunity for them to be seen by the scouts.”Also part of the Primes team were Jemar Cepriano, Kim Rey Servano, Gian Paul Nahine, Myer Refugio, Wilmer Dalumpines, Kenth Lindero, Louwelle Cabasag, Nayr Sacorin, Earl Tan, Chino Palis, Paul Gabriel Fallarco, Jhames Yap, and Mon Pedrajas.The Primes reached the Regional Finals after sweeping their Iloilo City leg match, including their victory over the St. Robert’s International Academy Panda Rockets in the finals./PNlast_img read more

VIDEO: Richard Jefferson paid the Cavs locker room a visit last night

first_imgCLEVELAND– Richard Jefferson was a fan favorite when he was a member of the Cavaliers, and made his first return to Cleveland on Saturday night since being traded earlier this season.After Dwyane Wade was brought in, Jefferson was traded to the Atlanta Hawks. After being waived, he agreed to a deal with the Denver Nuggets. While he was in Cleveland, however, Jefferson and Channing Frye were main components of the glue that held the Cavs together.It’s no wonder then that postgame following Denver’s 126-117 win he made an appearance in his old locker room to give LeBron James a hard time by showing James a scratch he gave Jefferson on his head during the game.Check out video below.Forgot to post this last night. Waiting for LeBron to talk, RJ popped out of the Cavs training room ? pic.twitter.com/oKy6ALDZ1d— Ashley Bastock (@AshleyBastock42) March 4, 2018 Ashley is a former basketball player who covers the Cleveland Cavaliers, Indians and high school sports for NEO Sports Insiders. She also covers the Cavs for SB Nation’s Fear The Sword. Ashley is a 2015 graduate of John Carroll University and previously worked in political journalism. You can follow her on Twitter @AshleyBastock42 Related TopicsCavsClevelandCleveland CavaliersDenver NuggetsNBARichard Jeffersoncenter_img Ashley Bastocklast_img read more

Takata, high-powered Panasonic Impulse offense cruise past IBM Big Blue

first_img KEYWORDS The Impulse dominated the game in all three phrases. The offense scored five time out of its six second-half possessions — the only possession the Impulse did not score was when it kneeled own to run out the clock. Meanwhile, David Motu returned a punt for 33 yards for a score in the first quarter and the defense held Big Blue quarterback Kevin Craft,a former UCLA player, to modest 175 passing yards.The Impulse got on the scoreboard first when Takata hit Taiji Koyama with 34-yard scoring strike with 3:39 into the game and extended their lead to 17-0 on Motu’s touchdown and a field goal.The Big Blue countered with Craft’s 5-yard touchdown pass to Hirokazu Matsuo with 5:43 remaining in the first half, but the Impulse quickly answered when Shun Yokota rushed 13 yards for a touchdown, making the score 24-7. The Big Blue added a field goal in the closing seconds for a 24-10 halftime lead.In the second half, the Impulse scored a touchdown on each of their first four possessions while the defense forced two lost fumbles to deny the Big Blue’s comeback effort. That helped the Impulse take a 52-17 advantage early in the fourth quarter and play third-string quarterback Takashi Ohara in the final 11 minutes to wrap up the victory. GET THE BEST OF THE JAPAN TIMES X League, IBM Big Blue, Panasonic Impulse IN FIVE EASY PIECES WITH TAKE 5center_img Reaching out: Panasonic backup quarterback Yuma Nakashima extends his arms to get in the end zone for a 3-yard rushing touchdown in the fourth quarter of an X League game on Saturday. Panasonic defeated IBM 55-24. | HIROSHI IKEZAWA RELATED PHOTOS Tetsuo Takata completed 21 of 27 for 288 yards and two touchdowns to lead the Panasonic Impulse to a 55-24 rout of the IBM Big Blue on Saturday at Amino Vital Stadium in Tokyo on the opening day of the X League second stage.The Impulse, who finished in first place in the West Division with a 5-0 record, stayed undefeated while the Big Blue, third in the Central Division, dropped to 3-3 in overall win-loss record.last_img read more