All Articles: Refugee Convention

Court of Appeal: private religious belief does not risk persecution

The difficulty of presenting asylum claims based on religion is well known. Such claims raise difficult evidential problems, which are addressed in this detailed post by Colin Yeo. But AS (Iran) v Secretary of State for the Home Department [2017] EW ...

23rd October 2017 By

UK unlawfully denies transfer to UK of refugees living for 18 years in Cyprus British Sovereign Base

R (Bashir) v Secretary of State for the Home Department [2017] EWCA Civ 397 The British Sovereign Base Areas (“SBAs”) are small British-run areas on the Cyprus islands that survived the former colony’s independence. The Home Office has taken the ...

6th June 2017 By

Can a person granted subsidiary protection be transferred under Dublin III?

Case C-36/17: Daher Muse Ahmed v Bundesrepublik Deutschland The EU does not want asylum seekers to ‘shop around’ its Member States. To this end, various Regulations exist to prevent someone who has already claimed asylum in one Member State from s ...

1st June 2017 By

Home Office unlawfully relies on Albania guidance for five years

LC (Albania)  v Secretary of State for the Home Department [2017] EWCA Civ 340 The Home Office has relied on outdated guidance to determine asylum applications from Albanian nationals, the Court of Appeal has held. The judgment in LC (Albania) will h ...

12th May 2017 By

The Lounani case: when can a member of a terrorist group be excluded from refugee status?

C-573/14 Lounani (Grand Chamber, 31st January 2017) A person applying for protection under the 1951 Refugee Convention can be excluded from its provisions under certain circumstances. As the Court of Justice of the European Union explained in B and D ...

9th March 2017 By

Opening a window into the soul: how to prepare asylum claims based on religion

“I would not open windows into men’s souls,” said Elizabeth I. But that is exactly the task facing those charged with deciding asylum claims based on religion. Is a professed conversion to another religion sincere or sham? In a socie ...

7th December 2015 By

Analysis: What does Theresa May’s speech mean for immigrants and refugees?

Yesterday Home Secretary Theresa May gave a speech on immigration and asylum issues at the Conservative Party conference in Manchester. It was a nakedly political speech that was clearly intended to appeal to the right wing of the Conservative Party. ...

7th October 2015 By

Channel Tunnel Man: Refugees should not be prosecuted for irregular entry

In the absence of legal means by which to enter countries of sanctuary, refugees resort to the use of irregular means of entry. Some will falsely apply for and obtain a visit or student visa and then apply for asylum once within the UK. Others will u ...

11th August 2015 By

Upper Tribunal finds Somali journalist cannot be expected to change profession to avoid persecution

The Upper Tribunal has found in the case of MSM (journalists; political opinion; risk) Somalia [2015] UKUT 00413 (IAC) [BAILII](with UNHCR intervening) that a Somali journalist would be at risk of persecution if returned to Somalia and that, cruciall ...

30th July 2015 By

Tightening of British citizenship rules not aimed at refugees

James Brokenshire, until the dissolution of Parliament last week the Minister of Immigration [EDIT: I am reliably informed that he is still the Minister – thanks go to Alison Harvey!], has confirmed that the recent tightening of policy on granti ...

30th March 2015 By

Changes to asylum process and procedure

The circumstances in which an asylum claim may be treated as abandoned by an applicant have been extended with effect from 27 February 2015. Statement of Changes HC 1025 has inserted new wording into paragraph 333C of the Immigration Rules so that it ...

5th March 2015 By

Miscarriage of Justice: Wrongly Convicted Asylum Seekers and Trafficked Persons

Recently the Law Society Gazette ran an article by Yewa Holiday, a barrister and a case review manager at the Criminal Cases Review Commission (CCRC), which highlighted the plight of asylum seekers and refugees wrongly convicted after being advised t ...

9th August 2012 By