All Articles: Human rights

GS (India) and medical treatment cases

Some time ago, I put up an angry post (it is never a good idea to publish in anger) about the case of  GS (Article 3 – health exceptionality) India [2011] UKUT 35 (IAC), in which it was held that a diabetic man on dialysis who would be painfully ...

17th May 2012 By

Trafficking: remedy against ’employer’?

In an interesting recent ruling, (Zarkasi v Anindita & Anor [2012] UKEAT 0400_11_1801) the Employment Appeals Tribunal (EAT) considered an appeal from a trafficked domestic worker whose claim for unfair dismissal against her employer had been dism ...

22nd March 2012 By

Near Miss for Near Miss?

The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of there being a free standing ‘near miss’ argument in immigration cases where the applicant falls just short o ...

14th March 2012 By

Deportation game changer

He said it so sympathetically, it made it all the worse: “This is a fast moving area of law, we understand that, but you might want to take a look at a case we reported last week.”   That was last month now, the speaker was President ...

13th March 2012 By

Maslov and the bright line

In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of both the First Tier and Upper Tribunals in finding the Maslov ‘very serious reasons for justifying the expulsion ...

13th February 2012 By

Immigration rules amended to be less human rightsy looking

The Government has finally gotten around to amending the Immigration Rules to make them a bit less human rightsy looking. This follows a number of pledges from David Cameron, Theresa May and Damian Green to do so. Paragraph 395C of the rules is to be ...

20th January 2012 By

Should I stay or should I go?

The Hegelian dialectic is sometimes expressed as thesis followed by anti-thesis followed in turn by synthesis. Over time, compromise is the outcome. A tendency towards the middle ground can often be seen in human rights case law and immigration policy ...

25th November 2011 By

One rule for the rich

The Government’s plan massively to increase the minimum income threshold required to sponsor family members to the UK came one step closer yesterday with the publication of a report by the Migration Advisory Committee (MAC). The full report can ...

17th November 2011 By

Commission on a Bill of Rights submissions deadline looms

My old pupil master, Ian Lewis, helpfully reminded me the other day that the deadline for the Human Rights Commission is approaching: 11 November 2011. With Remembrance Day and International Corduroy Day, 11/11/11 is going to be busy. The discussion p ...

8th November 2011 By

Effect of Quila

UPDATE: SEE LATEST POST. Following a hell of a lot of confused, confusing and anguished comments on my last post on Quila, I thought it might be helpful to set out my take on the effect of Quila. The first thing to say is that I would be very wary of ...

18th October 2011 By

Dublin returns to Cyprus

R (on the application of Elayathamby) v Secretary of State for the Home Department [2011] EWHC 2182 (Admin) (11 August 2011) The case concerned a challenge to the removal of a mandate refugee to the Republic of Cyprus under the Dublin Regulations II. ...

11th August 2011 By

Strasbourg allows Somali test case

The cases of Sufi and Elmi v UK (Applications nos. 8319/07 and 11449/07) have been allowed by the European Court of Human Rights. This is a major judgment on return to Somalia and the conditions there. The press release can be found here and the ...

28th June 2011 By

Treatment of rape, trauma and delay in asylum cases

Ever since the mysterious disappearance of the IAA Gender Guidelines from the old IAA website, there has been an absence of good guidance to immigration judges on gender issues in an immigration context. The Equal Treatment Benchbook has a very good c ...

13th May 2011 By

All criminal convictions to act as bar to settlement from today

I have had to redraft this post, which had been intended to be a good news story about a positive development at the UK Border Agency and which I had scheduled for Monday morning. A nice start to the week, thought I. However, late last week it transpi ...

6th April 2011 By

Refusal but with no removal or appeal

There are many illegal immigrants who have come forward to the Home Office, made themselves known, made an application to remain in the UK and then been refused and politely asked to leave the country. Nothing wrong with that, you might think. There a ...

11th February 2011 By

Returns to Greece unlawful, says Strasbourg

The European Court of Human Rights has just held that it is unlawful to send asylum seekers to Greece under what is widely known as the ‘Dublin II’ Regulation for their asylum claims to be processed there. The case is MSS v Greece and Belg ...

21st January 2011 By

Rights of children a primary consideration

Yet more good news, this time for children and their parents. In LD (Article 8 best interests of child) Zimbabwe [2010] UKUT 278 (IAC) the President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the UN Convention on the Ri ...

12th 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

Certificates of Approval to be scrapped

The Home Office has announced that Certificates of Approval will be scrapped in late 2010 or early 2011. This is a belated implementation of the House of Lords judgment in Baiai, handed down exactly two years ago tomorrow, in which their Lordships hel ...

29th July 2010 By

Effect on family members

The related House of Lords decisions of June 2008 (Beoku-Betts, Chikwamba and EB (Kosovo)) should have brought about a sea change in the approach of the Home Office and the immigration tribunal to human rights issues. While there have been improvement ...

15th 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

Points Based System appeal succeeds

The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. Regular readers may remember I went along to and reported on part of the hearing. The case is Secretary of State for the Home Department ...

23rd June 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

Human rights claims and rights of appeal

  BA (Nigeria) [2009] UKSC 7 in the Supreme Court did not create a right of appeal against refusal of a human rights claim. A right of appeal to the tribunal can only ever exist where an ‘immigration decision’ is made, as exhaustively and (a ...

12th April 2010 By

Good news in an HIV/AIDS case

This is another from last week’s luggage carousel – I’m still catching up, I’m afraid. In the case of JA (Ivory Coast) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 1353 the Court of Appeal has allowe ...

22nd December 2009 By

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