Changes to asylum process and procedure

The circumstances in which an asylum claim may be treated as abandoned by an applicant have been extended with effect from 27 February 2015. Statement of Changes HC 1025 has inserted new wording into paragraph 333C of the Immigration Rules so that it provides: An application may be treated as impliedly withdrawn if an applicant […]

New Country Guidance case on Darfuris and Sudan

MM (Darfuris) Sudan (CG) [2015] UKUT 10 (IAC) is a commendably concise and to the point new Country Guidance case on Sudan and Darfuris: In the country guidance case of AA (Non-Arab Darfuris-relocation) Sudan CG [2009] UKAIT 00056, where it is stated that if a claimant from Sudan is a non-Arab Darfuri he must succeed in an […]

Upper Tribunal: Merry Christmas Pakistani Christians! Appeals dismissed…

In an arguably less than ideal piece of timing the Upper Tribunal has finally, just two days before Christmas, issued the long awaited Country Guidance decision on asylum claims by Pakistani Christians. The case is AK and SK (Christians: risk) Pakistan CG [2014] UKUT 00569 (IAC) and the hearing actually ended on 24 July 2014. […]

EU court bans credibility ‘tests’ for gay refugees

In welcome news for LGBT asylum claimants, the Court of Justice of the European Union ruled this week that ‘tests’ to prove a claimant’s sexual orientation, or intimate questioning about sexual behaviour, may breach the rights to human dignity and respect for private life contained in Articles 1 and 7 of the Charter for Fundamental Rights. […]

SPRAKAB and anonymous evidence

The Independent reported at the end of last week that an “expert” linguist at controversial commercial linguistic analysis company SPRAKAB has lied about his qualifications and has a criminal conviction for smuggling drugs. It is rather questionable whether the “expert” testimony of such a person should be regarded as inherently reliable. The initial story was swiftly […]

Tarakhel: another blow to the Dublin system

In Tarakhel v Switzerland [2014] ECHR 1185 (04 November 2014) the Grand Chamber of the European Court of Human Rights (“ECtHR”) has issued its long-awaited decision as to the lawfulness of returning asylum seekers to Italy, a subject that has engaged the refugee lawyers of Europe for some years. The ECtHR rules that individualised enquiries leading to individual assurances will […]

Refugee law in the UK: new ebook

Want to know who might qualify as a refugee? What the legal requirements are? What reasons the Home Office relies on to refuse cases and what counter arguments are available? Who might be excluded from refugee status? I have just finished a new ebook, this time on refugee law in the UK. It distils what […]