All Articles: Asylum

Refugee family reunion: a user’s guide

This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are straightforward and simple for children and s ...

20th March 2019 By

Asylum seekers must not be sent back to Italy if they face “extreme material poverty”

The Court of Justice of the European Union has today handed down judgment in the case of C-163/17 Jawo. The court held that asylum seekers cannot be sent back even to a fellow EU member state if they are at substantial risk of inhuman or degrading tre ...

19th March 2019 By

Court of Appeal corrects country guidance on Ahmadis from Pakistan

In a unanimous decision the Court of Appeal have allowed the appeal of an Ahmadi who was unable to demonstrate that his case fell within the relevant country guidance decision of MN and others (Ahmadis- country conditions- risk) Pakistan CG [2012] UKU ...

12th March 2019 By

Supreme Court has to remind tribunal self inflicted torture inherently unlikely

The Supreme Court has had to remind the immigration tribunal that self inflicted torture by proxy (SIBP) is inherently unlikely. Self inflicted torture by proxy is the least worst phrase so far devised for describing the idea — and it really is ...

6th March 2019 By

Court can consider new evidence in challenges to “clearly unfounded” certificates

In Mohammad Racheed v Secretary of State for the Home Department [2019] CSIH 8, the Inner House of the Court of Session held that a judicial review challenge to the certification of a human rights claim to remain in the UK as “clearly unfounded” c ...

25th February 2019 By

Dublin III family reunion for refugees who have become British citizens

In a newly reported judgment the Upper Tribunal has quashed the Secretary of State’s decision to refuse a request from the Greek government to take charge of the asylum claims of a mother and her three children so they could reunite with the father, ...

21st February 2019 By

Don’t forget about Article 8 in asylum cases

With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of whether their appeal falls to be allowed under Article 8 of the European Convention on Human Rights is often ...

19th February 2019 By

How to use the new country guidance case on Iranian Kurdish asylum seekers

Credit where it’s due. In numerous claims and fresh claims for asylum for well over half a decade now, the firm of Barnes Harrild & Dyer has been presenting the Secretary of State for the Home Department with various reports by Professor Emile J ...

14th February 2019 By

Are refugees obliged to claim asylum in the first safe country they reach?

There has been considerable fuss made in the last week about a handful of refugees crossing the English Channel to claim asylum here in the UK. Here I’m going to look at the numbers, the wider context, what we know about refugee decision making ...

2nd January 2019 By

Fast Track asylum appeals under an unlawful system were not necessarily unfair

The Court of Appeal has ruled that appeal decisions made using the 2005 Fast Track Rules are not necessarily unfair and unlawful, even though the procedural rules generated an inevitable risk of unfairness in a significant number of cases. This means ...

20th December 2018 By

Home Office allowed to withdraw concession in another pro-government appeal ruling

AM (Iran) v Secretary of State for the Home Department [2018] EWCA Civ 2706 demonstrates the Court of Appeal’s increasing tendency to find any reason to reject the appeals of foreign criminals. AM is an individual deserving of no sympathy. He has be ...

13th December 2018 By

New statement of changes to the Immigration Rules: HC 1779

A statement of changes to the Immigration Rules was published today, 11 December 2018. The main changes are to introduce the pilot scheme for short-term agricultural workers that was announced earlier this year, and to expand the domestic violence set ...

11th December 2018 By

Briefing: how lawyers can help young people in the asylum system

Claiming asylum can be a traumatic experience. Having to relive the worst events in your life while you undergo a series of interviews and hearings is bad enough. It is even worse when Home Office officials are highly sceptical about a young person’ ...

10th December 2018 By

Comment: refugee families suffering domestic violence must get equal treatment

A v Secretary of State for the Home Department [2016] CSIH 38 is an important 2016 decision from the Court of Session in Scotland, the full impact of which has still to be felt. It concerns the Immigration Rules, as they apply to spouses of refugees ...

23rd November 2018 By

Major court win for trafficking victims as subsistence payment cut is reversed

In a robust judgment yesterday, the High Court found the decision of the Home Office to cut weekly benefits to asylum-seeking victims of trafficking was unlawful. The rate was previously set at £65 per week and was dramatically cut by 42% from 1 Ma ...

9th November 2018 By

Refugee “safe return reviews” needlessly causing anxiety, statistics suggest

About 18 months ago, the Home Office announced that refugees would no longer get indefinite leave to remain automatically after being in the UK for five years. Officials are now supposed to review whether the refugee still needs the protection of the ...

23rd October 2018 By

Home Office CAN speak to your persecutor without asking you

So says the Upper Tribunal in PA (Protection claim, Respondent’s enquiries, Bias) [2018] UKUT 337 (IAC); at least if your confidentiality is preserved. Officials checked Bangladeshi police records for evidence of persecution PA, a Bangladeshi na ...

22nd October 2018 By

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