All Articles: Asylum

Myth buster: “a truthful account remains consistent”

Why do we think this? There’s an English phrase – “to keep your story straight”. If you can’t do this, the saying goes, you’re making it up. We used to think that memory was like taking a photograph, or a video-recording of an event. What ...

23rd February 2016 By

Chief Inspector criticises Home Office asylum casework

A new report into asylum casework at the Home Office has just been published by David Bolt, the Independent Chief Inspector of Borders and Immigration. The inspection took place between March and July 2015 and was presented to Theresa May on 9 Decembe ...

4th February 2016 By

Judgment in the Calais children case

Full judgment is available here: R (on the application of ZAT and Others) v Secretary of State for the Home Department (Article 8 ECHR – Dublin Regulation – interface – proportionality) IJR [2016] UKUT 61 (IAC). The applicant child ...

29th January 2016 By

Home Office announcement on more help for refugee children

This announcement is being reported differently in different outlets. The actual text of the announcement so far (a Ministerial statement will follow later today) is as below. There is a clear reference to reuniting children in Europe with refugee fam ...

28th January 2016 By

The Calais Jungle and Dunkirk camps: inhuman and degrading

Over the last two weeks a local group, with ever mounting, incredible support from so many through word of mouth and social media, raised funds and collected priority items to take to the Calais ‘Jungle’ and Dunkirk camp. We filled 3 large ...

25th January 2016 By

Dublin Regulation to be scrapped?

Several news outlets are reporting this morning that the Dublin III Regulation is likely to be scrapped by the Commission in March. It may be that Peter Sutherland, the UN Special Representative on Migration, was right when he said last year that the ...

20th January 2016 By

Solicitors who failed to advise refugee of defence to illegal prosecution referred to SRA

In yet another example of a refugee who was not properly advised on his defence to a prosecution for illegal entry, Shabani, Re [2015] EWCA Crim 1924 (22 July 2015), the Lord Chief Justice has overturned the conviction but this time has also referred ...

14th December 2015 By

Canadian Supreme Court declares unconstitutional criminal offence of assisting refugees

In a very interesting judgment the Canadian Supreme Court has declared unconstitutional the criminal offence of organising, inducing, aiding or abetting undocumented entry. The case is R. v. Appulonappa – SCC Cases (Lexus). This post reviews th ...

11th December 2015 By

Home Office guidance on asylum claims by EU nationals

The Home Office has updated its guidance on asylum claims by EU nationals (Asylum Policy Instruction EU/EEA Asylum Claims) to reflect changes to the Immigration Rules taking effect on 21 November 2015. These changes introduced a presumption that asylu ...

10th December 2015 By

Statement of changes to the Immigration Rules HC535: analysis

Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of language and life tests are being intro ...

11th November 2015 By

Analysis: What does Theresa May’s speech mean for immigrants and refugees?

Yesterday Home Secretary Theresa May gave a speech on immigration and asylum issues at the Conservative Party conference in Manchester. It was a nakedly political speech that was clearly intended to appeal to the right wing of the Conservative Party. ...

7th October 2015 By

Protection deferred, protection denied? Report from Lesvos, Greece, European Union

The first week of September 2015. On the most northerly coast of Lesvos, one of the most easterly outposts of Greece’s many islands and a far flung outpost of the European Union, nestles the beautiful fishing port of Skala Sykaminias reached by a me ...

15th September 2015 By

What is life really like in Zaatari camp and how long should refugees be expected to wait there?

In last weekend’s Sunday Times, Nigel Lawson lashed out at the emotional response of leading politicians and spiritual leaders to the image of “the sight of a drowned toddler”, thereby causing us to believe it was necessary for the U ...

10th September 2015 By

Are refugees from Syria really refugees in law?

Monday: 3:30pm. Like most asylum lawyer geeks — you know who you are — I was hanging on every word of the Prime Minister when he made his announcement on how many Syrian “refugees” would be provided resettlement in the UK. He was at pa ...

9th September 2015 By

Germany suspends Dublin III transfers for Syrians

Germany has taken the extremely welcome step of suspending the transfer of Syrian asylum seekers under the Dublin III Regulation. As long ago as November 2013 UNHCR called for countries not to return Syrian nationals to their first point of entry in t ...

25th August 2015 By

Channel Tunnel Man: Refugees should not be prosecuted for irregular entry

In the absence of legal means by which to enter countries of sanctuary, refugees resort to the use of irregular means of entry. Some will falsely apply for and obtain a visit or student visa and then apply for asylum once within the UK. Others will u ...

11th August 2015 By

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