Earlier this year JCWI, with the help of Foxglove, launched a legal challenge against the Home Office over its use of an algorithmic “streaming tool” that assigned risk categories to visa applications. The tool, previously covered on Free Movement, scored visa applicants for risk based in part on their nationality....
This is overall a good manifesto on immigration from the Liberal Democrats. There are some choices that niggle, but often in areas where there is no perfect answer. It is still nowhere near forward-thinking or ambitious enough, and it will be interesting to compare to Labour’s. The aspirational benchmark, of...
In Savran v Denmark (application no. 57467/15) the European Court of Human Rights has reinforced the importance, in Article 3 medical treatment cases, of the obligation on governments to obtain assurances where there is any doubt as to the impact of removing a seriously ill migrant to another country. The...
In MM (Malawi) [2018] EWCA Civ 2482 the Court of Appeal has again confirmed that there is indeed a discrepancy between the domestic law on Article 3 medical cases as set out in the House of Lords case of N v Secretary of State for the Home Department [2005] UKHL 31...
The Court of Appeal last week issued “authoritative guidance” on Article 3 medical challenges against removal, reflecting the European Court of Human Rights’s decision in Paposhvili v Belgium. Lord Justice Sales, giving the court’s judgment in AM (Zimbabwe) & Anor v Secretary of State for the Home Department [2018] EWCA Civ 64,...
The High Court has issued a helpful reminder to the Secretary of State that basic rules of procedural fairness continue to apply, even in the thorny context of removal windows and detention. In R (AT & Ors) v Secretary of State for the Home Department [2017] EWHC 2714 (Admin), HHJ Walden-Smith...
When is it a breach of Article 3 to remove someone with a severe, possibly terminal, medical condition to a country where they will not receive the care they need? When they’re days away from death? When it will halve their lifespan? What level of pain is required? What constitutes...
