All Articles: Asylum

No Removals to Cyprus

The Court of Appeal in the UK has very recently granted stays preventing the removal of asylum-seekers to Cyprus under Dublin II. The proceedings have been stayed pending the appeal against the judgment in EM (Eritrea) & Ors v SSHD [2012] EWCA Civ ...

28th March 2013 By

EU Afghanistan and family tracing: the retreat from KA

Like me, readers may have detected some uncertainty from the First-tier and Upper Tribunals about how best to determine claims of former UASCs from Afghanistan in light of EU and others (Afghanistan).   In EU the Court of Appeal, Sir Stanley Burnton ...

26th March 2013 By

Ultimate outcome

I was delighted last week to receive an email from Professor John Fitzpatrick of Kent Law School informing me that AR of WM (DRC) and AR (Afghanistan) [2006] EWCA Civ 1495 (the leading case on fresh asylum claims) fame has been granted a residence per ...

22nd March 2013 By

Eweida, religion, sexuality, politics, Kylie and asylum

In the case of Eweida v UK [2013] ECHR 37 the European Court of Human Rights famously dismissed three out of four religious discrimination applications while managing to appear sympathetic to the cause of religious freedom. The case concerned the ...

19th March 2013 By

Defending quality in the asylum system – three reports from Asylum Aid

Last week, Asylum Aid published three research reports into the state of legal aid funding for fighting asylum cases. Taken together, they expose the corrosive effect on quality of the switch to the Graduated Fixed Fee (GFF) funding system in 2007 and ...

1st March 2013 By

Channel 4 News report on suspension of Tamil removals

Renaissance Chambers doesn’t get a mention by The Snow but does in the accompanying website article, which is nice. Great work by Charlotte and Nishan. For clarification, S. Satha & Co were the solicitors acting. ...

27th February 2013 By

Suspension ordered on removal of Tamil asylum seekers

At 2pm today a group of injunction applications for Tamils facing removal to Sri Lanka by charter flight on 28 February 2013 were heard before Mr Justice Wilkie and Upper Tribunal Judge Gleeson. A suspension on the removal of all Tamil failed asylum s ...

27th February 2013 By

Best interests of child and Dublin II

In Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, when an applic ...

21st February 2013 By

Burmese Country Guidance case found legally flawed

The Court of Appeal has in the case of KS (Burma) v Secretary of State for the Home Department [2013] EWCA Civ 67 found that the 2009 Country Guidance case of TL (Sur Place activities-risk) Burma [2009] UKAIT 00017 was legally flawed, effectively over ...

19th February 2013 By

Country Guidance on Burma unlawful

The Court of Appeal has ruled that Country Guidance on Burma dating back to 2009 was legally flawed. Decisions based on the earlier TK case are therefore flawed. Full post and analysis to follow. ...

13th February 2013 By

Just tell us what happened

In preparing my two year old toddler son for another trip to the swimming pool on Saturday morning, I suddenly realise that I am teaching him how to remember details, what are the important or ‘right’ details (by my reaction when I laugh o ...

6th February 2013 By

Exclusion from Refugee Convention

As part of my catch-up campaign on major cases not yet covered on the blog, I thought it would be helpful to post up some extracts from a case note I’ve written for the Immigration, Asylum and Nationality Law journal. The full case note will be ...

22nd January 2013 By

Country Guidance on Ahmadis from Pakistan

The Upper Tribunal has issued a new Country Guidance case on Ahmadis from Pakistan, the case of MN and others (Ahmadis – country conditions – risk) Pakistan CG [2012] UKUT 00389 (IAC). Shivani Jegarajah and Colin Yeo of Renaissance Chambers (and t ...

16th November 2012 By

Translation of Singh v Belgium

After seeing the Strasbourg case of Singh v Belgium (33210/11) highlighted here on Free Movement, Balkrishna Gurung of Howe + Co Solicitors (with assistance from David Saldanha) has commissioned a translation and offered to share it with blog readers ...

14th November 2012 By

Lay assessments of mental health: dangerous territory

The Centre for the Study of Emotion and Law (CSEL) has recently collaborated in a new article Non-clinicians’ judgments about asylum seekers’ mental health: how do legal representatives of asylum seekers decide when to request medico-legal reports ...

13th November 2012 By

Dulce et Decorum Est

An old friend sent me this yesterday. Having not read it for years, Owen’s lines about his dreams and helpless sight struck me even more forcefully than the rest. All these years later there are still those that consider that Post Traumatic Stre ...

12th November 2012 By

News flash on Sri Lanka charter flight

It is Sri Lanka Charter Flight day again today. Just a quick one to say that the UK Border Agency has suddenly withdrawn parts of its new October 2012 Operational Guidance Note (link to old version) on Sri Lanka. Paragraphs 3.3.4 and 13.6 have been ...

23rd October 2012 By

Interesting fresh claim case

I’ve no time for a proper post at the moment but as a filler take a look at a few choice quotes from an interesting fresh claim judicial review concerning an Iranian convert to Christianity and her son, the case of R (on the application of SA (I ...

17th October 2012 By

UNHCR guidelines on survivors of male rape and sexual violence

UNHCR has published guidelines on Working with men and boy survivors of sexual and and gender based violence in forced displacement. The document is essential reading for anyone working with such men and boys and it is the first time I can recall seei ...

8th October 2012 By

Asylum credibility: timely new case from Strasbourg

In a case that in some ways exceptional but in many ways entirely ordinary, the UK Border Agency this week rejected an asylum claim by a young Afghan man. The reason the case was exceptional is that he had previously worked with the British armed forc ...

4th October 2012 By

Religious persecution

The Court of Justice of the European Union handed down judgment in the case of Germany v Y and Z [2012] EUECJ C-71/11 on 5 September 2012. This is one of the first Court of Justice cases to consider the definition of a refugee and the terms of Direct ...

27th September 2012 By

Freedom from Torture: A risk category in itself?

Human Rights Watch and a proxy terror front group -Freedom from Torture, clamored that the flights should be suspended because some ‘ethnic’ Tamils were subjected to cruel treatment in the island nation. This is what the Sri Lankan governm ...

17th September 2012 By

What is the magic number?

How many torture claims from returnees to Sri Lanka are necessary before the UKBA and the Courts decide that the time has come for review? This graph (click link to see further details) attempts to collate the data from recent reports and compare it ...

17th September 2012 By

Charter flight(s): materials in support of claims against removals

Below is a list of materials which can be used in connection/in support of  claims against decisions to remove on the charter flight(s) bound for Sri Lanka next week. The list will be updated as and when relevant materials are published and/or circul ...

15th September 2012 By

Stand-by group for charter flight cases

There are we understand two charter flights bound to Sri Lanka on the 19 and 20 September 2012. If detainees do not have solicitors then contact Janani Jananayagam from TAG [Tamils Against Genocide] who can be contacted on 07801 999130.  She will dir ...

14th September 2012 By

Significant step forward for young asylum seekers

The Court of Appeal’s judgement in KA (Afghanistan) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1014 makes it absolutely clear that the Secretary of State’s duty toward unaccompanied minors, in particular her duty to tr ...

24th August 2012 By

Miscarriage of Justice: Wrongly Convicted Asylum Seekers and Trafficked Persons

Recently the Law Society Gazette ran an article by Yewa Holiday, a barrister and a case review manager at the Criminal Cases Review Commission (CCRC), which highlighted the plight of asylum seekers and refugees wrongly convicted after being advised t ...

9th August 2012 By

The false omniscience of the internet age

In the case of HJ (Iran) [2011] 1 AC 596 (post here) the Supreme Court held that self oppression can be persecution. To put it another way, being forced to conceal a Convention reason protected characteristic (sexuality, political opinion, religious ...

2nd August 2012 By

Supreme Court says no lies to achieve safety

In the case of RT (Zimbabwe) v Secretary of State for the Home Department [2012] UKSC 38 the Supreme Court has today held that asylum seekers cannot be expected to lie or dissemble in order to achieve safety in their own country. This principle appli ...

25th July 2012 By

Zimbabwe Country Guidance case overturned

In a follow up to my last post on Country Guidance cases generally and the Court of Appeal judgment in SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940, the existing Country Guidance case on Zimbawe, that of EM and Others (R ...

16th July 2012 By

Country Guidance cases reviewed

In the jurisprudential equivalent of Easyjet and Ryanair flights simultaneously arriving at Stansted from Alicante, Malaga AND Lanzarote, a number of important cases have just been deposited in the luggage carousel that is BAILII. School is now out an ...

16th July 2012 By

What is the “Legacy?”

Is it a bird, is it a plane or…is it in fact a policy?  Now the UKBA would vigorously deny this, they would deny that there is any kind of amnesty at all. However, the evidence would point to the contrary. Essentially prior to July 2011 if you had ...

19th June 2012 By

Refugees and refoulement: the Supreme Court

In the case of R (on the application of ST (Eritrea)) v Secretary of State for the Home Department [2012] UKSC 12 the Supreme Court has held that it is not unlawful to seek to remove to another country a person who has already been recognised as a re ...

12th April 2012 By

Unethical and inaccurate: Border Agency to start x-raying children

The UK Border Agency will start x-raying children again from 29 March 2012 in order to determine their age. This practice is highly controversial. The letter announcing the resumption of this procedure can be found here. This brings to mind another ...

28th March 2012 By

Exceptional circumstances now more… exceptional

As expected, the obscure but important Chapter 53 of the Enforcement Instructions and Guidance (‘Extenuating Circumstances’) has been amended following on from the scrapping of paragraph 395C of the Immigration Rules. The new text is bas ...

2nd March 2012 By

Unattended children in Afghanistan

This is the week in which Human Rights Watch reported that ‘Children deported to Kabul will face horrible risks‘ and Amnesty International reported that at least 28 children had died in the IDP camps around Kabul as result of the freezing wint ...

29th February 2012 By

Tamil returnee claims torture in Sri Lanka

UPDATE: the order made by the Upper Tribunal is now available. A Tamil failed asylum seeker forcibly returned from the United Kingdom to Sri Lanka on 21 February 2012 has claimed that he was tortured on arrival. He was later interviewed by British off ...

27th February 2012 By

Zimbabwe gay guidance case

The latest Country Guidance case on Zimbabwe finds, in essence, that despite vociferous and violent pronouncements about homosexuality at the highest level in that country, Zimbabwe is a safe haven for lesbians and gays. The case is LZ (homosexuals) ...

31st January 2012 By

The asylum merry-go-round

Lord Justice Ward is at it again: This is another of those frustrating appeals which characterise – and, some may even think, disfigure – certain aspects of the work in the immigration field. Here we have one of those whirligig cases where an asyl ...

19th January 2012 By