The rules governing the PBS are set out in the Immigration Rules and the appendices to those rules. These provisions have now achieved a degree of complexity which even the Byzantine Emperors would have envied.
Two mundane, day to day things are getting my goat at the moment. The first is the mislabeled “cross examination” many Home Office Presenting Officers are trained into and allowed to get away with at court. The other is Presenting Officer failure to put points to witnesses that are then used in closing submissions. This is also tolerated by immigration judges and I for one have given up objecting.
Both of these are basic fair hearing issues. Continue Reading…
Both parties and practitioners are entitled to expect that the practice and procedure of the court in which their case is heard will be consistent and fair irrespective of which court it is and where it is. Yet a Freedom of Information Act 2000 request made by academics at the University of Exeter has revealed a dramatic disparity between regional hearing centres in the proportion of First-tier Tribunal asylum appeals that are allowed. Strikingly, between 1 June 2010 and 31 March 2012, 42% of appeals were allowed at Taylor House in central London versus only 18% at Columbus House in Newport. Continue Reading…
Human rights medical treatment expulsion cases are perhaps some of the most stark, most difficult and most challenging cases faced by a human rights lawyer. They concern life itself and will often involve a miserable, painful death if unsuccessful. The claimant and his or her family will be understandably desperate to succeed.
Politicians, civil servants and even judges characterise these cases as ‘health tourism’ and reply that individual cases are very sad but the NHS cannot provide universal health care for the entire world.
Human rights lawyers instructed by those reliant on medical treatment in the UK who resist removal face the difficult task of attempting to achieve a good outcome for the client in a very hostile environment amid some very unhelpful case law.
However, recent developments offer hope to some individuals. Continue Reading…
Stephanie Harrison wins Liberty award
her prowess as an advocate for human rights and commitment to progressing the rights of immigrants and asylum seekers and contesting oppressive anti-terrorism measures.
This comes days after Stephanie (with Amanda Weston) won the important Ignaoua case in the Court of Appeal on whether the Home Secretary can unilaterally terminate judicial review proceedings. Post on that coming soon.