Key posts on human rights

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What are the 10 and 20 year rules on long residence?

The Immigration Rules allow people to apply to remain in the UK on the basis of long residence. Those here lawfully can apply for indefinite leave to remain following 10 years’ continuous lawful residence in the UK. Those who had periods of overstay ...

5th January 2021 By

Appeal preparation tips for Article 3 medical cases following AM (Zimbabwe)

Lawyers interested in deportation will be aware of the decision in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, handed down in April 2020. In that case, the Supreme Court set out the correct test that should be applied to ...

29th December 2020 By

Is carrying a knife enough to get you deported?

Earlier this year the Court of Appeal looked at the meaning of an offence causing “serious harm” for the purposes of deportation law. Being convicted of such an offence is one of the ways a person can find themselves facing automatic depor ...

15th December 2020 By

High Court finally calls time on asylum accommodation delays

Everyone who works with asylum seekers knows that the Home Office system for providing accommodation is not fit for purpose. In R (DMA and Others) v Secretary of State for the Home Department [2020] EWHC 3416 (Admin) the High Court has finally and emp ...

15th December 2020 By

UK breached European convention in deporting man without proper human rights assessment

It’s rare to get a slobber-knocker of a case from the European Court of Human Rights like Unuane v The United Kingdom (application no. 80343/17). The court unanimously found that the UK’s supposedly Article 8 compliant deportation rules don’t pr ...

25th November 2020 By

Deporting gay asylum seeker a violation of Article 3, human rights court finds

In B & C v Switzerland (application no. 43987/16 and 889/19) the European Court of Human Rights has unanimously held that the deportation of asylum seekers to countries where they risk persecution for their sexual orientation would violate the Art ...

19th November 2020 By