Court of Appeal backs order to disclose refugee asylum records
The Court of Appeal has backed a High Court decision that a mother and child’s asylum records must be disclosed in family proceedings. In H (A Child) (Disclosure of Asylum Documents) [2020] EWCA Civ 1001, the court rejected arguments that the family ...
6th August 2020Landmark decision on “particular social group”
DH (Particular Social Group: Mental Health) Afghanistan [2020] UKUT 223 (IAC) is an important case for numerous reasons. It affirms the supremacy of the Refugee Convention 1951 over EU law by reference to the Convention’s object and purpose; it ...
27th July 2020Can Hong Kong activists get political asylum in the UK?
Simon Cheng, a former British consulate worker in Hong Kong, was allegedly abducted by the Chinese authorities during a trip to mainland China and tortured for fifteen days in August 2019. His account is terrifying. Cheng was a vocal supporter of the ...
15th July 2020Judge orders Home Office to bring asylum seeker back to the UK
The President of the Upper Tribunal, Mr Justice Lane, has ordered the Home Office to pay for and facilitate the return to the UK of a man who was removed to Nigeria in March 2018. The case involved a mix of unfortunate administrative errors, inexplica ...
13th July 2020Asylum, sexuality and concealment: where are we a decade on from HJ (Iran)?
On 7 July 2010, the Supreme Court handed down its landmark decision in HJ (Iran) [2010] UKSC 31, in which it established how asylum applications are to be decided when applicants flee persecution on the basis of their sexual orientation. The ruling e ...
7th July 2020When is a policy not a policy? Tribunal tackles law on disclosure
BH (policies/information: SoS’s duties) Iraq [2020] UKUT 189 (IAC) was the case of an Iraqi Kurd, heard by the Upper Tribunal sitting in Edinburgh. The issue was whether the First-tier Tribunal judge had erred in law because he had not considere ...
22nd June 2020