The Liberal Democrat manifesto: break up the Home Office

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 interest ...

21st November 2019 By

Court of Appeal pours cold water on challenge to Albanian country guidance

In BF (Albania) v SSHD [2019] EWCA Civ 1781 the Court of Appeal has denied permission to appeal a recent Albanian country guidance case on the risk of persecution faced by gay men there. The Upper Tribunal, while cautious about the rest of Albania, ha ...

6th November 2019 By

Split human rights court suggests lower threshold for resisting removal on medical grounds

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 r ...

15th October 2019 By

More Article 3 appeals rejected as Court of Appeal stands firm on Paposhvili

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¬ ...

30th November 2018 By

Court of Appeal gives authoritative guidance on Article 3 medical cases

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 ...

5th February 2018 By

Basic procedural fairness applies even when removal windows used

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 Depart ...

13th December 2017 By

Tribunal rejects softer Strasbourg approach to Article 3 medical cases

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 ...

20th November 2017 By