Category Archives: Asylum

Fresh Claims and Freedom of Religion

ST v Secretary of State for Home Department [2012] EWHC 988 (Admin) (20 December 2012) Husayn ibn Alī ibn Abī Ṭālib, or Imam Husayn, was the grandson of the Prophet Muhammed (Peace Be Upon Him). Like the present predicament of … Continue reading

Posted in Article 9, Asylum, ECHR, Forced marriage, Immigration Rules, Pakistan | Tagged , , , , | Leave a comment

New Syria Country Guidance

KB (Failed asylum seekers and forced returnees) Syria CG UKUT 00426 (IAC) (21 December 2012) Once the beating heart of Arab nationalism, Syria is a country in ruins. After achieving independence in 1946, dozens of constitutions and cabinets came and went … Continue reading

Posted in Article 3, Asylum, Human Rights, Politics | Tagged , , , , , | 2 Comments

Independent Chief Inspector Slams Agency On Legacy Cases

On 22 November 2012, the Independent Chief Inspector of Borders and Immigration (“the inspector”) Mr John Vine CPE QPM – whose office was established under section 48 of the UK Borders Act 2007 – published An inspection of the UK … Continue reading

Posted in Asylum, John Vine, UKBA, UKBA 2007 | Tagged , , , , | 3 Comments

Asylum and the Purposes and Principles of the United Nations

Al-Sirri (Appellant) v Secretary of State for the Home Department (Respondent) DD (Afghanistan) (Appellant) v Secretary of State for the Home Department (Respondent) [2012] UKSC 54   In handing down judgment in these cases on the law of refugee status, the … Continue reading

Posted in Afghan War, Appeals, Asylum, CJEU, Pakistan, Refugee Convention, Sedley LJ, Terrorism | Tagged , , , , , | Leave a comment

SSHD Required to Deal with Fresh Claims in Amended Grounds

ABC, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 2825 (Admin) (25 September 2012)  It is no secret that the UK Border Agency (UKBA) makes mistakes. This case is about how the authorities breached … Continue reading

Posted in Article 8, Asylum, Removals, Sri Lanka | Tagged , , , | Leave a comment

Vietnamese Islamist’s Deprivation Of Citizenship Disallowed

B2 v Secretary of State for the Home Department (Deportation – Preliminary Issue – Allowed) [2012] UKSIAC 116/2012 (26 July 2012) One would rightly think that  the Special Immigration Appeals Commission (“SIAC” or “the commission”) – a creature of statute – is  reserved primarily for … Continue reading

Posted in Citizenship and Nationality, Asylum, Politics, Terrorism, Statelessness | Tagged , , , , | Leave a comment

Child Asylum Seeker’s Detention Held Unlawful

AAM (A Child) v Secretary of State for the Home Department [2012] EWHC 2567 (QB) (27 September 2012) This case has a lot of faces because the legal issues it raises are quite complex. There is a lot in the … Continue reading

Posted in Asylum, Children, Detention, Human Rights Act, Iran, s 55 BCIA, UKSC | Tagged , , , , | Leave a comment

CJEU: Public Manifestation of Religion and Persecution

Bundesrepublik Deutschland v Y & Z [2012] EUECJ C-71/11 (05 September 2012) Pakistan is an intolerant country where human rights are routinely violated and minorities are persecuted. The paradox is that the country was created because Indian Muslims feared a marginal … Continue reading

Posted in Article 9, Asylum, CFR, CJEU, ECHR, Germany, Pakistan | Tagged , , , , | 2 Comments

Apolitical Zimbabweans and Persecution

RT (Zimbabwe) & Ors v Secretary of State for the Home Department [2012] UKSC 38 (25 July 2012)  This case is of great importance not only to the law, but also to the study of politics and international relations. In … Continue reading

Posted in Appeals, Article 10, Article 9, Asylum, Court of Appeal, UKSC, Zimbabwe | Tagged , , , , | Leave a comment

EEA Regulations Amended

As explained in an alerter post on Free Movement Blog, as of 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will be amended through the Immigration (European Economic Area) (Amendment) Regulations 2012. The regulations are being amended to Give effect … Continue reading

Posted in Asylum, Citizens Directive, CJEU, European Union | Tagged , , | 1 Comment

SK (Zimbabwe): mob violence and exclusion from asylum

SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807, please read judgment.  SK appealed the Upper Tribunal’s decision on the grounds that, on a true interpretation of the Rome Statute, her acts did not amount … Continue reading

Posted in Asylum, Court of Appeal, International Law, Persecution, Zimbabwe | Tagged , , , , , | Leave a comment

Zimbabwe Hearing in UKSC: Watch Live 18-19 June

The latest post on these cases can be found here. The rest of this post continues as originally published. On Monday 18 and Tuesday 19 June 2012, Lady Hale and Lords Hope, Kerr, Clarke, Dyson, Wilson and Reed will hear … Continue reading

Posted in Article 2, Article 3, Asylum, Court of Appeal, ECHR, Removals, UKSC, Zimbabwe | Tagged , , , , | 3 Comments

Case Preview: DD (Afghanistan) in Supreme Court

DD (Afghanistan) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) UKSC 2011/0003 is the sequel to the Al-Sirri case. The same panel of justices will hear the DD case in the UK Supreme Court for two days, on … Continue reading

Posted in Article 3, Asylum, Court of Appeal, Pakistan, Refugee Convention, Terrorism, UKSC | Tagged , , , , | 1 Comment

Case Preview: Al-Sirri in Supreme Court

The extremely interesting of case of Al-Sirri (FC) (Appellant) v Secretary of State for the Home Department (Respondent) UKSC 2009/0036 will be heard in the UK Supreme Court by Lady Hale and Lords Phillips, Kerr, Dyson and Wilson. The Court … Continue reading

Posted in Asylum, Cases, Sedley LJ, Terrorism, Tribunals, UKSC | Tagged , , , , , | 6 Comments

Falun Gong, Country Guidance and HJ (Iran)

LW (China) v Secretary of State for the Home Department [2012] EWCA Civ 519 (24 April 2012)  In this case the Court of Appeal (Black, Mummery and Moore Bick LJJ) found that a Chinese asylum seeker’s discreet involvement in Falun … Continue reading

Posted in Article 3, Asylum, Cases, China, Court of Appeal, Tribunals | Tagged , , , , | Leave a comment

Refugee Convention: domestic law defines “lawful”

R (on the application of ST (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2012] UKSC 12 (21 March 2012) The Supreme Court – Lady Hale and Lords Hope, Brown, Mance, Kerr, Clarke and Dyson – has unanimously … Continue reading

Posted in Asylum, Cases, Eritrea, Ethiopia, Persecution, Removals, UKSC | Tagged , , , | 3 Comments

Korean Peninsula: “up against a brick wall”

Secretary of State for the Home Department v SP (North Korea) & Ors [2012] EWCA Civ 114 (16 February 2012) The Korean War (1950 – 1953), an historic first instance example of the Cold War getting hot, was a defining … Continue reading

Posted in Asylum, Court of Appeal, Korean Peninsula, Nationality, Refugee Convention, Tribunals | Tagged , , , , | Leave a comment

Drug dealing and deportation

Masih (deportation – public interest – basic principles) Pakistan [2012] UKUT 46 (IAC) (07 February 2012) Pakistan has a significant minority Christian population (2.8 million) and adherents of the Christian faith in Punjab province are often called Masih – literally … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Pakistan, Tribunals | Tagged , , , | 2 Comments

Human Trafficking, Dublin II and Certification

In AA (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 23 the Court of Appeal (Longmore and Maurice Kay LJJ, Sir David Keene) unanimously affirmed Mrs Justice Thirlwall’s decision in the High Court. From AA’s perspective, the … Continue reading

Posted in Asylum, Council of Europe, ECHR, European Union, Human Trafficking | Tagged , , , , , | Leave a comment

Refugee Convention and lawful presence?

Update - The UKSC handed down its judgment in this case on 21 March 2012 and the most recent post in relation to this case is available here.  R (on the application of ST (Eritrea))(FC) (Appellant) v Secretary of State for … Continue reading

Posted in Asylum, ECHR, Eritrea, Ethiopia, Human Rights, Persecution, Refugee Convention | Tagged , , , , | 13 Comments