All Articles: Asylum

Guest post: 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

Guest post: 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

Internal relocation may not be “unduly harsh” on criminals

Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112, which concerned a Jamaican national originally granted asylum ...

9th January 2018 By

Guest post: sexual orientation asylum statistics are good news

Recent statistics on asylum grants to gay people represent a breakthrough rather than a breakdown in the system – acting as a sword, rather than shield, in advancing protection of queer refugees, argues S Chelvan of No5 Barristers Chambers. Long ...

4th January 2018 By

The impact of Brexit on UK asylum law: part three

The refugee definition Engagement of the CJEU with asylum issues Since the jurisdiction of the Court of Justice of the European Union was expanded to include asylum matters, we have a fairly steady rise in the number of judgments on these issues. Most ...

29th December 2017 By

The impact of Brexit on UK asylum law: part two

Selective participation in CEAS Participation in the Common European Asylum System is not necessarily “all or nothing”, nor does it absolutely require membership of the EU. Even within the EU, involvement in CEAS is also selective in some cases. H ...

28th December 2017 By

The impact of Brexit on UK asylum law: part one

The issue of asylum and the refugee crisis in Europe played a very significant part in the debate on Britain’s continuing membership of the European Union in the run up to the Brexit referendum in June 2016. Many commentators consider that the issue ...

27th December 2017 By

Guest post: new report on “westernised” young males returned to Kabul

A new report helps fill some of the gaps in our understanding of the situation facing young men sent back to Afghanistan, writes Maya Pritchard of Asylos. While we await the outcome of AS (Afghanistan), the country guidance case currently before the U ...

21st December 2017 By

Guest post: “these amazing lawyers…”

New research helps practitioners identify best practice in representing female asylum seekers writes Debora Singer MBE, Senior Policy Adviser at Asylum Aid. What do women who have been through the asylum appeals process think of their legal representa ...

8th December 2017 By

Expert reports in human rights cases must be up to scratch

In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum seekers could be returned to Bulgaria under the Dublin III Regulation. Removal would not violate the appellants’ Article ...

1st December 2017 By

Never assume that the Secretary of State is aware of anything

Further submissions are notoriously difficult to prepare. In PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 1946 the Court of Appeal has highlighted the need for focussed representations that mak ...

29th November 2017 By

Dental x-rays in age assessment: art not science

Upper Tribunal Judge Rintoul’s elegant, succinct summary of the law on age assessment, with which he opens the determination in R (AS) v Kent County Council (age assessment; dental evidence) [2017] UKUT 446, reminds us that pinpointing the age of a ...

27th November 2017 By

Strasbourg dismisses compensation claim for not allowing asylum seeker to work

Daniel Negassi v the United Kingdom (application no. 64337/14) was an appeal to the European Court of Human Rights with a complaint that the Home Office’s failure to grant Mr Negassi permission to work, while waiting for a decision on his asylum cla ...

23rd November 2017 By

Asylum age assessments: the Court of Appeal is not a tribunal

In Bedford County Council v GE (Eritrea) [2017] EWCA Civ 1521 the Court of Appeal refused to overturn an age assessment simply because the local authority disagreed with judicial findings of fact. The judgment upheld the Administrative Court’s decis ...

16th November 2017 By

Man in immigration detention for 45 months loses judicial review

Taskiran v Secretary of State for the Home Department [2017] EWHC 2679 (Admin) is a sad case. A web of domestic immigration law and international agreements have resulted in Mr Taskiran undergoing almost four years of immigration detention, which the ...

7th November 2017 By

Could Catalan separatists qualify for refugee status in the UK?

Carles Puigdemont, erstwhile President de la Generalitat de Catalunya, fled Spain to Belgium this week following his parliament’s unilateral declaration of independence for Catalonia. Several of his ministers followed him into exile. A European ...

3rd November 2017 By

Host state handles the asylum claim if Dublin III transfer takes too long

Majid Shiri, an Iranian national, arrived in Austria through Bulgaria in 2015. He made an asylum claim in Bulgaria in February of that year but claimed asylum in Austria the following month. The Austrian authorities asked Bulgaria to take Mr Shiri bac ...

1st November 2017 By

Guest post: barriers to migrants accessing public services

Getting to the UK and applying for the right to stay is only the start of the battle, writes trainee housing solicitor John Murphy. Newcomers to the UK, whether they have immigration status or not, face formidable obstacles in accessing services such ...

30th October 2017 By

Court of Appeal: private religious belief does not risk persecution

The difficulty of presenting asylum claims based on religion is well known. Such claims raise difficult evidential problems, which are addressed in this detailed post by Colin Yeo. But AS (Iran) v Secretary of State for the Home Department [2017] EW ...

23rd October 2017 By

Guest post: citizenship for sale – at a cost stateless people can ill afford

Stateless people in the UK face enormous hurdles in the road to becoming British citizens. One of those barriers is the extraordinarily high cost of acquiring British citizenship, writes Asylum Aid’s Cynthia Orchard. The UK government has taken ...

5th October 2017 By

How not to support a victim of human trafficking: a demonstration by the Home Office in R (FT) v SSHD

The Upper Tribunal overturned several decisions concerning the grant of Discretionary Leave to Remain to a victim of human trafficking in FT, R (on the application of) v the Secretary of State for the Home Department [2017] UKUT 331(IAC). The backg ...

29th August 2017 By
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