All Articles: Asylum

New Zimbabwe fact finding report

UKBA has published a new fact finding report on the situation in Zimbabwe. It is, probably not by co-incidence, just in time for the new test case on Zimbabwe, due to begin on 20 October 2010 and in which the Immigration Advosory Service are again act ...

28th September 2010 By

Eliza Doolittle Exposed As Cockney Flower Girl Shocker

The methods and reports of controversial linguistic analysis company Sprakab, based in Sweden and used by UKBA in disputed nationality asylum cases, have been warmly endorsed by the tribunal in the case RB (Linguistic evidence Sprakab) Somalia [2010] ...

27th September 2010 By

New Iraqi Country Guideline case out

The tribunal has held that it is safe to return to Iraq. In HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) President Blake finds that The degree of indiscriminate violence characterising the current armed conflict taking place in Iraq is ...

23rd September 2010 By

Removals to Greece suspended

The Government has confirmed that removals to Greece under the Dublin II Regulation have been suspended pending the outcome of the test case. This comes following a number of recent news items on the calamity that is the Greek asylum ‘systemR ...

22nd September 2010 By

New policy on children

UKBA has published a new policy on dealing with children, specifically asylum applications by unaccompanied children. It went ‘live’ on 1 September 2010 and can be found with the earlier link or in the Asylum Process Guidance Special Cases ...

14th September 2010 By

Lions Led By Donkeys?

The tragic demise of Refugee and Migrant Justice, formerly known as the Refugee Legal Centre, leaves a gaping and unfillable void in the immigration sector. With its higher than average success rate and top notch training and nurturing programme for a ...

7th September 2010 By

Right to work for asylum seekers

UKBA has laid Statement of Changes CM7929 to give effect (or, at least, limited effect) to the judgment of the Supreme Court in ZO (Somalia) [2010] UKSC 36. This was the case in which the Court held that an asylum claim is still an asylum claim for th ...

23rd August 2010 By

Post flight spouses of refugees

Some tremendously good news for many refugees: in the new case of FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC) the tribunal has found that Article 8 appeals by the spouses of refugees who married the refugee after the refugee left the country o ...

11th August 2010 By

Zimbabwe test case: RN affirmed

Plainly the ratio of HJ is not limited just to sexual orientation cases but will apply to all grounds covered by the Convention. I thought it might be interesting to start with that quotation from the paragraph 38 of TM (Zimbabwe) & Ors v Secretar ...

30th July 2010 By

No notice removals case

R (on the application of Medical Justice) v Secretary of State for the Home Department [2010] EWHC 1925 (Admin) should be a wake up call to civil servants at UKBA and Ministers in the new Government. The High Court declared unlawful the Home Office po ...

30th July 2010 By

Louise Perrett complaints rejected

An unpublished UKBA internal investigation has rejected the complaints made by Louise Perrett about the Cardiff asylum team. A summary has been made available. The existence of the ‘grant monkey’ was confirmed, but seems to have been foun ...

29th July 2010 By

Right to work for asylum seekers confirmed

The Home Office appeal to the Supreme Court in ZO (Somalia) [2010] UKSC 36 has been dismissed. This confirms that in cases where a fresh asylum claim has been made and no decision was reached for a year, the asylum seeker obtains a right to work unde ...

28th July 2010 By

Future behaviour and the Refugee Convention

HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31 represents a fundamental change in UK asylum law. The previous settlement, established by the case of Iftikar Ahmed [2000] INLR 1, was a very British and pragmatic ...

12th July 2010 By

Big Gay Case Allowed

UPDATE: see proper post here with analysis. Sorry for the headline, which is in fact an accurate description of what has happened. Although from the half of the judgment I’ve managed to read so far, their Lordships prefer to refer to ‘prac ...

7th July 2010 By

Removals to war zones

The Court of Appeal has again revisited the vexed question of removals to war torn countries like Somalia in the major new case of HH (Somalia) v Secretary of State for the Home Department [2010] EWCA Civ 426. The issues at stake have also been the su ...

27th April 2010 By

Permission to appeal in MS (Somalia)

Just a quick alerter post. This actually happened a couple of weeks ago but I was insanely busy at the time, then forgot to mention it. Permission was granted by the Court of Appeal in MS and others (family reunion: “in order to seek asylum”) Soma ...

13th April 2010 By

Greek case dismissed

The Big Fat Greek Test Case has been dismissed. Read all about it here. Permission has been granted to appeal to the Court of Appeal, though. No news on what will happen to other cases stayed behind Saaedi but they’ll probably stay stayed. Read ...

31st March 2010 By

Greek third country cases

The Council of Europe’s Commissioner for Human Rights has intervened in a Strasbourg case on Greek refugee protection – or rather lack of it: The Commissioner concluded that current asylum law and practice in Greece are not in compliance ...

18th March 2010 By

New Supreme Court judgement: exclusion clauses

Judgment is out in JS (Sri Lanka), an appeal to the Supreme Court from KJ (Sri Lanka) in the Court of Appeal. Judgment here, summary here. The Secretary of State’s appeal was dismissed and the Court of Appeal judgment largely upheld, other than ...

17th March 2010 By

Same day removals condemned

Further to my alerter post on this last month, the judgment is now available in the damning Third Country removals case on children. It is called R (on the application of T) v Secretary of State for the Home Department [2010] EWHC 435 (Admin). As exp ...

12th March 2010 By

New fresh claims case

The Court of Appeal has re-visited the proper approach to deciding whether fresh asylum claims meet the rule 353 test. The case is R (on the application of YH) v Secretary of State for the Home Department [2010] EWCA Civ 116 and it effectively superse ...

9th March 2010 By

Damning judgment on removal of children

Mr Justice Collins has given a scathing judgment in a grant of permission to a judicial review challenge to the practice of the Home Office’s Third Country Unit (TCU) in detaining and removing children to supposedly safe third countries such as ...

19th February 2010 By

3rd country cases

There were developments last week in the world of third country removal cases, and now seems like a good moment to review the current position. The Dublin II Regulation (not its official title) enables EU states to return an asylum seeker to the count ...

13th February 2010 By

Culture of disbelief

Claims have emerged from a UKBA staff member previously based at Cardiff that her colleagues were abusive to asylum seekers both to their faces and behind their backs when discussing their applications. The claims are detailed, specific and plausible. ...

3rd February 2010 By

Children and refugee status

Just a quick warning to practitioners. There have been a small number of examples recently of UKBA granting five years’ status to children recognised as refugees on the basis of their membership of a particular social group based on their age, b ...

23rd December 2009 By

New country guidance case

The case of TK (Tamils, LP updated) Sri Lanka CG [2009] UKAIT 00049 is next on the carousel. As can be seen from the title, it deals with the current situation on the ground in Sri Lanka since the military defeat of the LTTE in May 2009. The country ...

16th December 2009 By

Guardian piece

My my, one gets more comments on The Guardian website than on Free Movement! I’ve been busy in court all day (on a non immigration case) and get back to find that there were 87 comments on the short piece I’ve done for Liberty Central at T ...

29th October 2009 By

Permission to work

UPDATE: see this judgment. There have been some interesting developments on permission to work for Legacy asylum seekers. Click here for the Story So Far. I read in some stakeholder minutes recently that UKBA thought it had only be judicially reviewed ...

23rd October 2009 By

Some refugees have more rights than others

In the recent case of MS and others (family reunion: “in order to seek asylum”) Somalia [2009] UKAIT 00041 the tribunal looked at the refugee family reunion rules and came to the slightly surprising conclusion that not all refugees have th ...

19th October 2009 By

Albanian/Kosovar deprived of British citizenship by Presenting Officer

In an unusually dramatic move, the Presenting Officer in the recent case of KB (para: 320(7A): “false representations”) Albania [2009] UKAIT 00043 served a section 40 notice on a witness in the case, thereby depriving him of his British ci ...

15th October 2009 By

Iraqi removals flight

News just in: Mr Justice Davis sitting in the High Court has ordered the Home Office to disclose ‘details of the route and destination’ of a proposed removals flight to Iraq. Rumours about this charter flight have been flying and the Home ...

14th October 2009 By

Further submissions in asylum cases

It appears that UKBA have genuinely gone nuts. From tomorrow, 14 October 2009, they are requiring that any further submissions in an asylum case must be made in person by appointment. At the same time UKBA is now requiring that all initial claims for ...

13th October 2009 By

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