All Articles: Asylum

New Home Office “lines to take” in Sudanese asylum claims

The Home Office now believes that the Sudanese country guidance cases should no longer be followed, based on a change of country circumstances. Its “lines to take” now argue that while non-Arabs are likely to be at risk in the Darfur regio ...

17th July 2018 By

Italy responsible for the asylum claim of man extradited to the Netherlands

The Court of Justice of the European Union has taken a strict approach to time limits on take back requests imposed by the Dublin III Regulation. In case C‑213/17 X v Staatssecretaris van Veiligheid en Justitie, the court ruled that Italy had respon ...

16th July 2018 By

New country guidance case on Kurds returned to Iraq

AAH (Iraqi Kurds – internal relocation) (CG) [2018] UKUT 212 (IAC) is a recent country guidance case on the availability of internal relocation for Iraqi Kurds to the Iraqi Kurdish Region. This case updates some of the guidance contained in AA ( ...

2nd July 2018 By

Comment: success of Syrian refugee resettlement shows that the Home Office can get it right

Nour Taleb runs the Sweety House, the latest popular Syrian business to open in Edinburgh. Mr Taleb fled Syria in 2012, arriving in the UK as a refugee under the government’s Syrian Vulnerable Persons Resettlement Scheme in 2016. A similar tale ...

21st June 2018 By

Boys to men: how to prepare asylum appeals for young Afghans

There are a considerable number of asylum claims in the UK by young Afghan boys and men. The number should not be overstated, though. The latest immigration statistics show that Afghans are still outside the top five nationalities claiming asylum in t ...

21st June 2018 By

Opening a window into the soul: how to prepare asylum claims based on religion

“I would not open windows into men’s souls,” said Elizabeth I. But that is exactly the task facing those charged with deciding asylum claims based on religion. Is a professed conversion to another religion sincere or sham? In a society where fre ...

20th June 2018 By

Five things you didn’t know about refugees in the UK

  To mark Refugee Week, here are some facts and figures on refugees and asylum seekers in the UK. 1. The number of asylum seekers in the UK is falling Around the world there are 68.5 million people who have been forced to flee their homes, accord ...

19th June 2018 By

New statement of changes to the Immigration Rules: HC1154

On Friday 15 June, a new statement of changes was laid. Rather atypically, many of the changes are welcome news! All changes will come into force on 6 July 2018, although some only apply to applications made after that date. As always, practitioners a ...

18th June 2018 By

What is the legal definition of a “refugee”?

This week is Refugee Week. On Free Movement we try to communicate complex legal issues in immigration and asylum law in a clear way and here we answer the question “what is a refugee?” We’ll have a load of other refugee related conte ...

18th June 2018 By

Council criticised for failure to provide accommodation to child refugees

Most unaccompanied child asylum seekers and refugees will be “children in need” for the purposes of the Children Act 1989. So the issue of whether or not local authorities have properly exercised their duties to provide accommodation and care freq ...

13th June 2018 By

No costs awarded despite “clearly unfounded” certification being withdrawn

In ZN (Afghanistan) and KA (Iraq) [2018] EWCA Civ 1059, the Court of Appeal considered the tricky issue of costs in public law cases, in a scenario where the appeals were withdrawn following consent orders. The main points The judgment is interesting ...

4th June 2018 By

Jumping the gun in Dublin III cases

Today the Court of Justice of the European Union handed down a decision in the case of C-647/16 Adil Hassan v Prefet du Pas-de-Calais concerning the Dublin III Regulation. The press summary is here. Practitioners will be well aware how intricate and ...

31st May 2018 By

Asylum can be refused for general promotion of terrorism

The Court of Appeal in Youssef v Secretary of State for the Home Department [2018] EWCA Civ 933 decided that the appellant was disqualified from refugee status because he had incited terrorist acts in general. There was no requirement for there to ...

17th May 2018 By

Humanitarian standards are not the test for a cessation decision

In Secretary of State for the Home Department v MA (Somalia) [2018] EWCA Civ 994 the Court of Appeal grappled with the thorny question of what issues are relevant when a decision-maker is assessing the cessation of refugee status under the Qualificat ...

11th May 2018 By

How to prepare asylum claims based on sexual identity

Safira,* who identifies as a lesbian woman, grew up in Nigeria. Because of her sexual identity, Safira’s family members abused her, physically and psychologically, in an attempt to “cure” her of what they considered “demonic tendencies”. Her ...

4th May 2018 By

Subsidiary protection for people intentionally deprived of healthcare

In the case of C-353/16 MP v Secretary of State for the Home Department, decided yesterday, the Court of Justice of the European Union has found that A person who has in the past been tortured in his country of origin is eligible for ‘subsidiary pro ...

25th April 2018 By

Upper Tribunal publishes new Afghanistan country guidance

The Upper Tribunal has in AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC) given new country guidance in cases concerning removal to Kabul. The new guidance covers two main areas of concern. The first is the risk, on return to Kabul, from the ...

18th April 2018 By

Home Office can only grant asylum to claimants in the UK, says Court of Appeal

The case of AB, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 383 has unusual facts, but an unsurprising conclusion: the Home Office cannot grant asylum to someone who is not in the UK. The background is n ...

9th March 2018 By

Appeal judges take firm line on settlement for people committing crimes against humanity

The Court of Appeal in Tanvir Babar v Secretary of State for the Home Department [2018] EWCA Civ 329 dealt with the application of Immigration Rule 276B. The court highlighted the tensions between the Home Office policy, the application of the Immigra ...

7th March 2018 By

How we got an asylum seeker £15,500 damages for misuse of his asylum information

Asylum seekers routinely share their most sensitive information with the Home Office in order to support their asylum claims, write Daniel Carey and Zac Sammour. They do so in good faith, trusting that the Home Office will treat that information wi ...

16th February 2018 By

Refugees with criminal records are being told it’s safe to go home

Countries are being declared safe for refugees to return to, but only if they have criminal records, a new report by the government’s immigration inspector suggests. The Independent Chief Inspector of Borders and Immigration, David Bolt, found t ...

31st January 2018 By

Fundamental problems with asylum country of origin information, Chief Inspector Bolt finds

The Independent Chief Inspector of Borders and Immigration has urged the Home Office to fundamentally overhaul the country of origin information it gives to officials making asylum decisions. David Bolt’s latest report, published today, says tha ...

30th January 2018 By

Court of Justice clarifies Dublin III transfer procedure

When an asylum seeker returns to an EU member state they’ve previously been transferred from under the Dublin III regulation, how should their application for international protection be processed? The Court of Justice of the European Union in C-160 ...

30th January 2018 By

Unaccompanied children and Dublin III: the latest instalment

In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of Article 17 of the Dublin III regulation, the so-called “discretionary clause”, and found it to be narrow indeed. The c ...

26th January 2018 By

No psychological tests on gay asylum seekers, Court of Justice rules

In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and use psychologists’ expert reports to assess the sexual identi ...

25th January 2018 By

Strasbourg continues orthodox approach to Iranian Christian converts

In A v Switzerland (application no. 60342/16), the European Court of Human Rights considered the risk of ill treatment on return to Iran for Christian converts. In this case the applicant had converted to Christianity whilst seeking asylum in Switzer ...

23rd January 2018 By

What does the new UK-France Sandhurst Treaty say and is it Brexit proof?

The UK and France have agreed a new Sandhurst Treaty on the management of their shared border. We’ve heard the spin from Macron and May, but what has actually been agreed and will it have a life after Brexit? Given how central the issue of asylu ...

19th January 2018 By

Comment: asylum support rise of 11p a day is a slap in the face

Asylum support must provide a safe place to live and enough money for people to look after themselves and their families. An extra 80p a week doesn’t cut it, writes Hannah Cooper, senior research and policy officer at Refugee Action. People see ...

19th January 2018 By
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