Key posts on human rights

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The AM (Zimbabwe) test now applies to destitution too

The ripple effects of Paposhvili v Belgium [2016] ECHR 1113 continue to be felt at the boundary of Article 3 ECHR. In the first reported decision of its kind, the Upper Tribunal has found that the “modified” (for which, read “lowered”) test fo ...

16th August 2021 By

“Reasonable” to expect UK-born 11-year-old to move to Bangladesh, Court of Appeal says

The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home Department [2021] EWCA Civ 953. The judgment is the latest in a line of ca ...

30th June 2021 By

Windrush family priced out of UK win human rights challenge

In this edition of “have I got immigration news for you”, we look at the case of Mahabir v Secretary of State for the Home Department [2021] EWHC 1177 (Admin), in which the High Court found that the Home Office had caused a “colossal interferenc ...

11th May 2021 By

Interjacent overstaying may count in 10-year long residence application

In Asif (Paragraph 276B, disregard, previous overstaying) Pakistan [2021] UKUT 96 (IAC) the Upper Tribunal has confirmed that previously disregarded overstaying between periods of leave should be treated as lawful residence for people making 10-year l ...

30th April 2021 By

Home Office can’t just ignore potential persecution even if there is no asylum claim

The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-defined categories. So what happens when there is overlap between, for insta ...

23rd April 2021 By

Stripping someone of refugee status doesn’t mean they can be deported

The European Court of Human Rights in K.I. v France (application no. 5560/19) has re-affirmed that refugee status is declaratory and revocation of a person’s refugee status under French and EU law does not prevent that person from continuing to be a ...

21st April 2021 By