Human rights
Latest Human Rights posts
Key posts on human rights
Latest posts on Article 3
- Cessation, Article 3 and removing refugees from the UK
- Legal test when arguing suicide risk to challenge removal
- The AM (Zimbabwe) test now applies to destitution too
- Systems failure denied immigration detainee his HIV meds, judge finds
- Stripping someone of refugee status doesn’t mean they can be deported
Latest posts on Article 8
- Can children and parents apply to remain after seven years’ residence?
- Court of Appeal clears up how Article 8 works in Dublin III family reunion cases
- Supreme Court dismisses deportation appeal of man living in UK since he was 9
- Blanket rule delaying family reunion for temporary refugees violates human rights
- “Reasonable” to expect UK-born 11-year-old to move to Bangladesh, Court of Appeal says
Latest posts on Long residence
- Early settlement concession for young people living half their lives in the UK
- Can children and parents apply to remain after seven years’ residence?
- Visit visas can count towards ten years’ long residence
- “Open-ended” overstayers can’t rely on ten-year lawful residence rule
- Appeal judges grapple with gaps in lawful residence
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- In an asylum context
- In the context of overseas visit visa applications
- Medical treatment removal cases based on Article 3
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Fresh guidance on fresh claims
What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case should be treated as a fresh claim? These were the questions considered by the Upp ...
3rd November 2021Early settlement concession for young people living half their lives in the UK
Some young people born or brought up in the UK without immigration status can now apply for settlement after five years rather than ten. The change in policy comes in a new and very welcome Home Office concession, published yesterday. What follows is ...
26th October 2021Confirmed: Home Office can ignore human rights claims
The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500. Unfortunately, it confirms that the Home Office can refuse to engage with a human rights claim for ...
21st October 2021Can children and parents apply to remain after seven years’ residence?
From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s experience and the UK may be the only home they know in any meaningful sense. On top of that, children do not make the ...
18th October 2021Court of Appeal clears up how Article 8 works in Dublin III family reunion cases
In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8 in Dublin III family reunion judicial reviews. Unlawful refusal to accept Syrian asylum seeker The case was about an ...
13th October 2021Briefing: the duty of refugee sea rescue in international law
In the absence of safe and legal routes to sanctuary countries in which they can rebuild their lives, refugees often resort to travel by unsafe means. The issue of rescuing refugees at sea has risen in global prominence, with an estimated 40,000 refug ...
5th October 2021