Court of Appeal puts Maslov deportation guidance in its place

The Court of Appeal upholding a decision to deport a foreign criminal is hardly front-page news at the moment. But Mwesezi v Secretary of State for the Home Department [2018] EWCA Civ 1104 throws up some interesting reminders about how to approach St ...

25th May 2018 By

Court of Appeal weighs in on “persistent offenders”

The Court of Appeal in SC (Zimbabwe) v SSHD [2018] EWCA Civ 929 gives us yet another new decision on the deportation of foreign criminals, this time on the definition of “persistent offenders”. Its discussion of the concept, while inter ...

17th May 2018 By

New definition of torture among detention policy changes coming in July

The government has tabled a number of adjustments to the rules on detention, to come into force this summer. The most significant is the changed definition of “torture” in the context of the detention of vulnerable people. Government force ...

8th May 2018 By

The public interest in deporting criminals: a triple threat

The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier Tribunal’s decision to block the deportation of an individual on the basis of his family life. Factual ba ...

3rd May 2018 By

Upper Tribunal publishes new Afghanistan country guidance

The Upper Tribunal has in AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118 (IAC) given new country guidance in cases concerning removal to Kabul. The new guidance covers two main areas of concern. The first is the risk, on return to Kabul, from the ...

18th April 2018 By

Court of Appeal upholds deportation of foreign criminal (again)

In the wide-ranging and somewhat sorry case of El Gazzaz v Secretary of State for the Home Department [2018] EWCA Civ 532 the Court of Appeal has confirmed the strength of the presumption in favour of deporting foreign criminals. Criminal convictions ...

12th April 2018 By

Court of Justice clarifies Dublin III transfer procedure

When an asylum seeker returns to an EU member state they’ve previously been transferred from under the Dublin III regulation, how should their application for international protection be processed? The Court of Justice of the European Union in C-160 ...

30th January 2018 By

Self-employed EU citizens who fall out of work retain worker status

When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker? Since 2010, English courts have said they do not. In a case with wide implications for residence and social securit ...

22nd December 2017 By

Court of Appeal: private religious belief does not risk persecution

The difficulty of presenting asylum claims based on religion is well known. Such claims raise difficult evidential problems, which are addressed in this detailed post by Colin Yeo. But AS (Iran) v Secretary of State for the Home Department [2017] EW ...

23rd October 2017 By

Human rights, long residence and the integration test in the Court of Appeal

Practitioners commonly rely on the “integration test” in the Immigration Rules to resist an individual’s removal on human rights grounds. The current rules can in some circumstances require a consideration of whether there would be “very s ...

14th September 2017 By

BBC Panorama exposes the culture of abuse in immigration detention

Panorama, Undercover: Britain’s Immigration Secrets is required viewing for anyone interested in immigration in the UK. It is also deeply uncomfortable viewing. It documents an undercover investigation into Brook House, one of the UK’s 13 Immigrat ...

6th September 2017 By

UK unlawfully denies transfer to UK of refugees living for 18 years in Cyprus British Sovereign Base

R (Bashir) v Secretary of State for the Home Department [2017] EWCA Civ 397 The British Sovereign Base Areas (“SBAs”) are small British-run areas on the Cyprus islands that survived the former colony’s independence. The Home Office has taken the ...

6th June 2017 By

Can a person granted subsidiary protection be transferred under Dublin III?

Case C-36/17: Daher Muse Ahmed v Bundesrepublik Deutschland The EU does not want asylum seekers to ‘shop around’ its Member States. To this end, various Regulations exist to prevent someone who has already claimed asylum in one Member State from s ...

1st June 2017 By

Home Office unlawfully relies on Albania guidance for five years

LC (Albania)  v Secretary of State for the Home Department [2017] EWCA Civ 340 The Home Office has relied on outdated guidance to determine asylum applications from Albanian nationals, the Court of Appeal has held. The judgment in LC (Albania) will h ...

12th May 2017 By

Strasbourg rules on state obligations towards trafficked persons

Chowdury and Others v Greece (Application number 21884/15 – the judgment is only available in French. An English-language press summary is available.) The European Court of Human Rights has found that strawberry-pickers in Greece were subjected to f ...

2nd May 2017 By

Detention of Dublin asylum seekers held to be unlawful

Al Chodor and Others (C-528/15) In a highly significant judgment the CJEU has shown, in effect, that the Home Office has unlawfully detained hundreds or even thousands of individuals seeking international protection. The background facts The Al C ...

23rd March 2017 By

K2: right to a private and family life no bar to deprivation of citizenship

K2 v the United Kingdom (Application No 42387/13) The use of the Home Secretary’s power to strip a British citizen of their citizenship is on the rise. It has been the subject of debate where its use has rendered a person stateless following a s ...

20th March 2017 By

The Lounani case: when can a member of a terrorist group be excluded from refugee status?

C-573/14 Lounani (Grand Chamber, 31st January 2017) A person applying for protection under the 1951 Refugee Convention can be excluded from its provisions under certain circumstances. As the Court of Justice of the European Union explained in B and D ...

9th March 2017 By