Asylum myths

There are lots of myths out there about asylum and refugees. Here are some of our posts dealing with common misconceptions.

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UK asylum policy posts

Collection of our posts on UK asylum and refugee policy

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Refugee law starter pack

Just getting started on refugee law and issues? Here are some of our explainer blog posts.

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Guest post: citizenship for sale – at a cost stateless people can ill afford

Stateless people in the UK face enormous hurdles in the road to becoming British citizens. One of those barriers is the extraordinarily high cost of acquiring British citizenship, writes Asylum Aid’s Cynthia Orchard. The UK government has taken some steps to ensure its approach to statelessness complies with international law. In many respects, British nationality law complies with the 1961 Convention on the Reduction of Statelessness. Further, the UK introduced a statelessness determination procedure in 2013, which was an important step towards achieving compliance with the 1954 Convention relating to the Status of Stateless Persons. There is, however, considerable room for improvement in the UK’s treatment of stateless persons. This...

5th October 2017 By Cynthia Orchard

How not to support a victim of human trafficking: a demonstration by the Home Office in R (FT) v SSHD

The Upper Tribunal overturned several decisions concerning the grant of Discretionary Leave to Remain to a victim of human trafficking in FT, R (on the application of) v the Secretary of State for the Home Department [2017] UKUT 331(IAC). The background to the case is that of the Home Office failing to appropriately identify the individual concerned as a victim of human trafficking, and subsequently unlawfully placing him in immigration detention for four years. The facts of the case are stark. After a childhood of regular beatings with rods and belts by his mother and his alcoholic father, his uncle borrowed money from people traffickers to send him to the United Kingdom. The...

29th August 2017 By Paul Erdunast

How to correct a mistake in a Country Guidance case

What happens where the Upper Tribunal makes a mistake in a Country Guidance case? And in what circumstances will the Court of Appeal have jurisdiction to hear an appeal against an Upper Tribunal decision that has already been remitted to the First Tier Tribunal? Both of these interesting issues crop up in AA (Iraq) v Secretary of State for the Home Department [2017] EWCA Civ 944 (11 July 2017). The Case of AA AA was an Iraqi who claimed asylum in the UK in 2009. His appeal has now been in the court system for over 8 years (and counting). The initial application was rejected and several appeals dismissed until...

14th August 2017 By Nick Nason

Article 3 and the extradition of a British national to Taiwan

The Supreme Court in the case of the Lord Advocate (representing the Taiwanese Judicial Authorities) (Appellant) v Dean (Respondent) (Scotland) [2017] UKSC 44 considered the first occasion on which Taiwan has sought to extradite a British national. On appeal from the Appeal Court of the High Court of Justiciary (‘the Appeal Court’) the Supreme Court considered the correct test for Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the ECHR’) within extradition cases and, in doing so, it reviewed the prison conditions that may reach the Article 3 threshold. This case may extend beyond extradition cases and could be useful guidance for other cases including...

11th August 2017 By Chris Desira

Home Office inspectors release series of reports: highlights for lawyers

For some reason the Home Office has just released a swathe of inspection reports into a wide range of Home Office operations. In practical terms, this makes it impossible for the press to pick out more than one or two stories from the reports and it therefore very effectively reduces scrutiny. Usually I have nothing better to do than sit and read these reports when they are hot off the press (!) but 10 in two days seems excessive even to me I cannot stir myself to read all of them. It is almost as if there is something to hide somewhere in there. Nevertheless, I am going to confine...

14th July 2017 By Colin Yeo

New Refugee Action report slams inadequate, creaking asylum support system

After more than a decade since Limbuela, and three years after Refugee Action, Home Office policy continues to drive asylum seekers into destitution. The Refugee Action report, Slipping Through the Cracks, candidly outlines these failings of the asylum support system. This is hardly the first time these sorts of flaws have been exposed. The whole report features real stories and quotes from the asylum seekers let down by the process, and is well worth a read. The first problem is the decrease in support level over time. Rates used to be set at 70% of mainstream benefits. This meagre level seems princely compared to the current non-emergency (“Section 95”) support...

12th July 2017 By Paul Erdunast