All Articles: Asylum

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

Sudanese test case

It has taken me a while to get around to posting on the House of Lords judgment in the Sudanese test case, SSHD v AH (Sudan) [2007] UKHL 49. This might be at least partly explained by my not wanting to have to post on it, as if this act of omission wo ...

29th November 2007 By

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