Stricter conditions for applying to European Court of Human Rights

This just in from someone at the European Court of Human Rights: I write in the context of your position as editor of the Free Movement Blog. Please be advised that some important changes are to take place as of 1 January 2014 with regards to Rule 47 and the submission of applications to the […]

Human rights, expulsion and medical treatment cases: a review

Human rights medical treatment expulsion cases are perhaps some of the most stark, most difficult and most challenging cases faced by a human rights lawyer. They concern life itself and will often involve a miserable, painful death if unsuccessful. The claimant and his or her family will be understandably desperate to succeed. Politicians, civil servants and […]

Italy and Dublin – the Grand Chamber Decides

As noted in last week’s lengthy missive, the challenges to removals to Greece continued after the decision of the ECtHR in KRS v United Kingdom [2008] ECHR 1781 culminating in the decision that such removals were unlawful in MSS v Belgium and Greece [2011] ECHR 108. The news of the referral of a case challenging […]

Are the UK’s mass deportation charter flights lawful?

The London-based research group Corporate Watch has just published a 20-page briefing examining the lawfulness the UK’s mass deportation charter flights. Part of a forthcoming report by Corporate Watch and the campaign group Stop Deportations, it aims to provide campaigners and legal practitioners with some arguments and tools with which to challenge the legality of […]

No Removals to Cyprus

The Court of Appeal in the UK has very recently granted stays preventing the removal of asylum-seekers to Cyprus under Dublin II. The proceedings have been stayed pending the appeal against the judgment in EM (Eritrea) & Ors v SSHD [2012] EWCA Civ 1336. The cases are: – MD (Guinea) v SSHD C4/2012/3166 (Order granted […]

Eweida, religion, sexuality, politics, Kylie and asylum

In the case of Eweida v UK [2013] ECHR 37 the European Court of Human Rights famously dismissed three out of four religious discrimination applications while managing to appear sympathetic to the cause of religious freedom. The case concerned the right to manifest one’s religious views at work. The only claimant to succeed was Ms Eweida, […]

Translation of Singh v Belgium

After seeing the Strasbourg case of Singh v Belgium (33210/11) highlighted here on Free Movement, Balkrishna Gurung of Howe + Co Solicitors (with assistance from David Saldanha) has commissioned a translation and offered to share it with blog readers. Many thanks! The key paragraphs concerning the authentication of the documents are at  paragraphs 101 to 105. The commissioned translator is not […]

Controversial new human rights rules rejected

The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced in July 2012. The case is  MF (Article 8 – new rules) Nigeria [2012] UKUT 00393 (IAC) and the result will be no surprise to any […]

Asylum credibility: timely new case from Strasbourg

In a case that in some ways exceptional but in many ways entirely ordinary, the UK Border Agency this week rejected an asylum claim by a young Afghan man. The reason the case was exceptional is that he had previously worked with the British armed forces and been horrendously injured in a Taliban attack that […]

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 paper for the Commission can be found here. The cat flap aside, the Tories seem […]