New country guidance on Iraq
On 20 December 2019, the Upper Tribunal issued a new country guidance case on Iraq. This new case, SMO, KSP & IM (Article 15(c); identity documents) Iraq CG [2019] UKUT 400 (IAC), replaces all existing country guidance, including AA (Article 15(c) ...
8th January 2020No absolute confidentiality for asylum information in family cases
The impact of disclosing information from family proceedings in immigration matters has been in the news of late but the reverse situation rarely arises. One such is the recent case of R v Secretary of State for the Home Department (Disclosure of Asyl ...
30th December 2019Burden of proof on internal relocation still on appellant says Upper Tribunal
The Upper Tribunal has confirmed that it is for asylum seekers to disprove the possibility of safe and reasonable internal relocation if the Home Office identifies a potential safe haven. In MB (Internal relocation – burden of proof) Albania [2019] ...
23rd December 2019When voluntary return is not voluntary at all
In recent years the United Kingdom government has resorted to indirect measures like the hostile environment to force people to leave the UK, alongside directly removing people. The government can then claim that the person left the UK voluntarily, an ...
20th December 2019Delay policy leaving trafficking victims in limbo found unlawful
The High Court has declared that the Home Office policy of waiting until an asylum decision is made before considering whether to grant trafficking victims Discretionary Leave to Remain is unlawful. Under that policy, a recognised victim of human traf ...
11th December 2019Avoiding the naughty step in Cart judicial review cases
On a warm summer’s day in late July, five sets of appellant lawyers found themselves in Court 4 of the Upper Tribunal in Field House, huddled together on what could only be characterised as “the naughty step”. Unaware at the start of t ...
9th December 2019