All Articles: Asylum

How to secure legal aid for statelessness applications

Recently, after being introduced to someone, I mentioned that I work on statelessness policy. When faced with the confused look I am growing to recognise when I tell people about my work, I began to explain: some people don’t have citizenship of ...

25th November 2016 By

Proving Torture: Home Office mistreatment of expert medical evidence

Written by Eleanor BONNER & Beate DASARATHY Following on from the Proving Torture conference in October last year which Free Movement wrote about at the time, Freedom from Torture has released a new report, ‘Proving Torture: Demanding the Imposs ...

21st November 2016 By

Home Office publishes eligibility criteria for children to be admitted to UK under Dubs amendment

The Home Office has made public its internal guidance for officials on the process and criteria for admitting children to the UK who were living in the Calais camp. The obligation to admit the children comes from section 67 of the recently passed Immi ...

15th November 2016 By

What is the impact of a successful asylum claim on a child abduction case?

Can the Family Court ignore a decision by the Home Office to grant asylum to a child by ordering the child’s return to the country where it was found he would be at risk of harm contrary to Article 3 of the ECHR ? This was the central issue in Re H ...

7th November 2016 By

Nigerian country guidance case strengthens protection for trafficked women

In HD (Trafficked women) Nigeria CG [2016] UKUT 00454 (IAC) the Upper Tribunal considered the position of victims of trafficking returning to Nigeria. Under the previous country guidance case, PO (trafficked women) Nigeria [2009] UKAIT 00046, in order ...

25th October 2016 By

New Country Guidance case on Eritrea finds real risk on return

The Upper Tribunal has issued a new Country Guidance case on Eritrea: MST and Others (national service – risk categories) (CG) [2016] UKUT 443 (IAC). It weighs in at 459 paragraphs plus voluminous appendices. The findings are good news for Eritrean ...

11th October 2016 By

Inspectors criticises Home Office handling of refugee family reunion applications

The Chief Inspector of Borders and Immigration, David Bolt, has criticised Home Office handling of applications by family members of refugees settled in the UK. His new report found the Home Office was too quick to refuse applications which might ulti ...

15th September 2016 By

Dura Lex, Sed Lex: Refugee children must remain in Calais says Court of Appeal

The UK government, and Europe, has spared no expense to ensure that wherever the people trying to get to Europe end up, it isn’t here. But the courts are seemingly doing their best to help. The Court of Appeal’s judgment in Secretary of State for ...

7th September 2016 By

Home Office publishes new Eritrea country information and fact finding report

The Home Office has published a new 285 page report of a UK fact finding mission to Eritrea from February 2016 and updated its country policy documents on illegal exit from Eritrea and military service. From a quick glance, it looks like there is lit ...

10th August 2016 By

New Home Office API on gay asylum claims: not fit for purpose

The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum clai ...

8th August 2016 By

Rwandan considered involved in genocide wins UK settlement appeal

The case of Ruhumuliza (Article 1F and “undesirable”) [2016] UKUT 284 (IAC) concerns an Anglican bishop judged by the Secretary of State on the balance of probabilities to have been involved in crimes against humanity, specifically genoc ...

28th June 2016 By

Myth buster: “memories of trauma are engraved on the brain”

“I’ll never forget that day” We tend to believe that the more important an experience, the more likely it is that it will be ‘engraved’ on the brain. In the asylum system, this is maintained by decision makers who maintain the belief that a ...

21st June 2016 By

Are Christian converts seeking asylum getting a raw deal?

Interesting from the BBC: Converts to Christianity are being unfairly treated by the asylum system, according to a report by a parliamentary group. But how do you prove someone is Christian? The full report by the All Party Parliamentary Group for Int ...

15th June 2016 By

Relatives of refugee child win appeal against refusal of entry

The President of the Upper Tribunal, Mr Justice McCloskey, has allowed on human rights grounds the appeal of the mother and brother of a refugee child from Eritrea. The mother and brother were the appellants and the child in the UK was the sponsor. Th ...

20th May 2016 By

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