All Articles: mental health

Landmark 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 2020 By

Strasbourg approves deportation of Dutch-born man from the Netherlands

Chucking people out of a country they were born in is hard. It usually takes something pretty dramatic or pretty terrible — or both, as in the case of Azerkane v The Netherlands (application no. 3138/16). The facts Mr Azerkane was born in the Ne ...

9th June 2020 By

How can a man with Asperger syndrome who grew up in Britain be deported?

How can a young man with Asperger syndrome and poor mental health, who has lived in the UK for the overwhelming majority of his life, be deported to Jamaica? The Voice newspaper reports on the case of Osime Brown, a 21-year-old man who the Home Office ...

11th March 2020 By

High Court upholds failing system of suicide reports in detention centres

The High Court has decided that rule 35(2) of the Detention Centre Rules is not unlawful, despite acknowledging the overwhelming evidence that it has failed to protect the welfare of detainees who are at risk of suicide. In R (IS (Bangladesh)) v Secre ...

18th October 2019 By

Looking after the mental health of immigration practitioners

As we reach the end of Mental Health Awareness Week, it seems like a good time to reflect on the impact that the current immigration system can have on the mental health not only of migrants, but also their legal representatives. We regularly hear of ...

18th May 2018 By

Tortured migrants held at drug-ridden Harmondsworth dentention centre

The independent prison inspector has raised the alarm over the continued detention of migrants who the Home Office accepts have been tortured. A scathing inspection report also found “considerable failings” in safety and respect for detainees at ...

13th March 2018 By

Settlement refusal overturned after failure to consider mental health evidence

Should the Home Office read all of the supporting evidence sent in with an application? The High Court provided a predictable answer in the case of R (Gayle) v SSHD [2017] EWHC 3385 (Admin), which considered the tragic personal circumstances of the c ...

16th January 2018 By

Hospital orders and deportation

In Secretary of State for the Home Department v KE (Nigeria) [2017] EWCA Civ 382, the Court of Appeal tackled the narrow, but important, issue as to whether a non-British citizen who is convicted and sentenced to a hospital order with restrictions ...

4th October 2017 By