All Articles: Asylum

What happened to history’s refugees?

Fascinating piece from Guardian’s Datablog with timeline leading up to modern Syrian crisis. Hat tip to @harrietgrant. ...

26th July 2013 By

How not to write a determination

From the very first sentence of ML (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 844, one of the many end of term judgments issued last week, one knows there is going to be trouble: Of all the hackneyed phrases in the law, few ...

25th July 2013 By

Court of Session rules on linguistic analysis

There has been a significant decision in the Inner House of the Court of Session – the Scottish equivalent to the Court of Appeal – on the Home Office’s use of language analysis for the determination of origin, or ‘LADO’. The decisio ...

24th July 2013 By

Choice of religious upbringing for child not a basis for international protection

In SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 a child’s Christian mother had fled with the child from Malaysia after the father said he was to convert to Islam, fearing that their child would be brought up a M ...

19th July 2013 By

A Sanctuary for Snowden?

After my impromptu Snowden mini series a couple of weeks ago, ECRE got in touch to ask for a “didactic commentary regarding general asylum procedures in the context of Snowden’s situation”. With permission, here is the article below, ...

19th July 2013 By

Unfair trial abroad

In the case of Kapri v The Lord Advocate (representing The Government of the Republic of Albania) [2013] UKSC 48 the Supreme Court has given guidance on the application of the ‘flagrant breach’ test for determining whether a court process ...

16th July 2013 By

Sri Lanka Country Guidance seminar report

Last Friday evening Renaissance Chambers’ immigration group hosted a seminar about the new Sri Lanka Country Guidance: GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC). I had the pleasure of speaking together with Shiva ...

15th July 2013 By

European Asylum Information Database

European Asylum Information Database A well designed and useful new resource website from ECRE and partners offering comparisons between different European asylum procedures, reception conditions and detention policies. ...

12th July 2013 By

New post civil war Sri Lankan Country Guidance

A long awaited and much needed new Country Guidance cases has finally been issued by the Upper Tribunal: GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC). One of the three appellants succeeded on refugee grounds – c ...

9th July 2013 By

Why are asylum seekers disbelieved?

Why are asylum seekers so often disbelieved? How is it that clinical evidence of torture is oftentimes rejected on the grounds of ‘credibility’? Why has the UK judged so many Tamil asylum seekers not to be at risk, forcibly returning them to Sri L ...

4th July 2013 By

Is Edward Snowden a refugee?

Edward Snowden, the private contractor who exposed the industrial scale intelligence gathering methods of the United States’ National Security Agency and our own GCHQ, is seeking asylum in Russia and a host of other countries. He fears that his ...

2nd July 2013 By

Does the UK consider asylum applications made from abroad?

Edward Snowden is coming across as pretty desperate and is reported to have made asylum applications to a host of different countries, all from his reported current location of Russia. The Guardian is keeping tabs on which countries have so far respon ...

2nd July 2013 By

Freedom From Torture referrals by email

Freedom From Torture referrals by email Freedom From Torture are spreading the word that referrals to them for medico-legal reports can now be made by email, a new facility that makes life just a little easier. ...

27th June 2013 By

Convictions of trafficking victims quashed, new guidance given

Finally, there has been a breakthrough in cases where victims of trafficking find themselves prosecuted and convicted here in the UK for engaging in the very activity into which the victim was forced. It may seem strange that it is the victims of traf ...

24th June 2013 By

When You Don’t Exist

“There are now more than 45 million refugees and internally displaced people – the highest level in nearly 20 years.  Figures give only a glimpse of this enormous human tragedy. Every day, conflict tears apart the lives of thousands of fami ...

21st June 2013 By

Tanveer Ahmed upheld

In the case of MJ (Singh v Belgium : Tanveer Ahmed (unaffected) Afghanistan [2013] UKUT 253 (IAC) the Upper Tribunal found: The conclusions of the European Court of Human Rights in Singh v Belgium (Application No. 33210/2011) neither justify nor requ ...

17th June 2013 By

Dublin II does not apply to separated children

Confirming the earlier Opinion in the same case the Court of Justice of the European Union has today held in MA and Others v UK (Case C‑648/11), in effect, that the Dublin II regulation does not apply to separated children who have claimed asylum ...

6th June 2013 By

Ahmadis and fast track asylum appeals

Many thanks to Eric Fripp of Lamb Building for the following note: On 8th May 2013 in the First Tier Tribunal (Immigration and Asylum Chamber) at York House, a panel consisting of First Tier Tribunal Judges Woodcraft and Samimi dealt with two cases (r ...

30th May 2013 By

No Fire Zone – The Killing Fields of Sri Lanka

As most of you know, Renaissance Chambers has developed expertise in conducting Tamil asylum claims.  The issues involved in these cases have been previously covered on Free Movement here and these include in particular Chambers’ and the NGOs’ ef ...

13th May 2013 By

Sikhs in Afghanistan

DSG &  Others (Afghan Sikhs: departure from CG) Afghanistan [2013] UKUT 148 (IAC) Having done quite a few Afghan Sikh cases myself I can say this looks like a very sensible and pragmatic decision essentially disavowing the rather antiquated exis ...

8th April 2013 By

Important guidance on medical evidence in asylum cases

JL (medical reports-credibility) China [2013] UKUT 145 (IAC) Important read for anyone commissioning, writing or relying on medical reports in asylum cases. Official headnote: (1) Those writing medical reports for use in immigration and asylum appeals ...

8th April 2013 By

OO (gay men: risk) Algeria [2013] UKUT 63 (IAC)

OO (gay men: risk) Algeria [2013] UKUT 63 (IAC) Official headnote: a) “Sodomy” and “acts against nature with a member of the same sex” are illegal under Penal Code Article 388 and 333 in Algeria and on conviction carry a criminal sentence of u ...

8th April 2013 By

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