Category Archives: Persecution

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

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

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

Massive Somalia Guidance

Once the arena for the expansionist designs of European powers – such as Britain and Italy – in the Horn of Africa, Somalia is arguably the foremost complex humanitarian emergency in the world: pretty much Hell on Earth. These days, … Continue reading

Posted in Al-Shabab, Asylum, ECHR, Female Genital Mutilation, Human Rights, Mogadishu, Persecution, Somalia, Women | Tagged , , , , , , , , | Leave a comment

Persecution in Pakistan: HJ (Iran) and the Ahmadis

The barrister Mr Jinnah, together with his comrades in the struggle for Independence, wanted Pakistan to be a secular country and just a couple of days before the Partition of India he, therefore, said that: You are free; you are … Continue reading

Posted in Ahmadis, Asylum, Islam, Manchester, Pakistan, Persecution | Tagged , , , , | 2 Comments

Viva la Revolución? new Cuba guideline case

“… Liberators do not exist. The people liberate themselves.” Contrary to what Castro’s close comrade Che Guevara claimed, Cuba is one of the world’s last remaining autocratic communist regimes. Historically, the revolutionary country was once considered a bastion against imperialism. Yet … Continue reading

Posted in Asylum, Botswana, Cases, Che Guevara, Cuba, Freedom of Expression, Human Rights, Persecution, Revolution, Tribunals | Tagged , , , , , , , , | Leave a comment

R (Thamby) v SSHD: LTTE, nationality, naturalisation and “good character”

This judicial review case – Thamby, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 1763 read judgment here – concerned the SSHD’s refusal to naturalise as a citizen a Tamil national of Sri … Continue reading

Posted in Cases, ECHR, False Statements, Genocide, International Law, Judicial Review, Nationality, Persecution, Sri Lanka | Tagged , , , , , , , | Leave a comment

Case Comment: KC (South Africa) (FC) (Appellant) v SSHD (Respondent) – UKSC 2009/0188

The issues for the Supreme Court In KC (South Africa) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – Case ID UKSC 2009/0188, the following questions arise for the UK Supreme Court (i) whether Article 14 of … Continue reading

Posted in Article 3, Asylum, Cases, Court of Appeal, ECHR, Immigration Law, Pankina, Persecution, South Africa, UKSC | Tagged , , , , , | Leave a comment

Conservatives’ stillborn feminism

On 8 March 2011 Mrs Theresa May bigged up her party by putatively expressing solidarity with women’s causes on the occasion of the 100th International Women’s Day. With most people distracted by the ongoing debate about a “British Bill of … Continue reading

Posted in Asylum, ECHR, Immigration Law, Persecution, Spouses, UKBA, Women | Tagged , , , , , | Leave a comment

Palestine legal action fundraiser

Prominent legal practitioners at the English Bar such as MICHAEL MANSFIELD QC and MICHEL MASSIH QC will be showing their solidarity with the cause of the Palestinian people against Israeli atrocity and war crimes. The PLAF is inspired by the success of … Continue reading

Posted in ECHR, Palestine, Persecution, PLAF, Rule of law | Tagged , , , | Leave a comment

Case Comment: RT (Zimbabwe) v SSHD [2010] EWCA Civ 1285

The latest Zimbabwe post is available here. The rest of this post continues as originally published. As predicted by the pundits of human rights law, HJ (Iran) v SSHD [2010] UKSC 31 is really beginning to find its application in the … Continue reading

Posted in Article 5, Asylum, Cases, ECHR, High Court of Australia, Persecution, Refugee Convention, Tribunals, UKBA, Zimbabwe | Tagged , , , , , | 3 Comments

“Simpler justice”: reforming legal aid

The consultation to legal aid reform began on 15 November 2010 and will end on 14 February 2011. All the relevant documents to the consultation can be viewed on the Ministry of Justice’s website here. The proposals will cut the … Continue reading

Posted in Access to Justice, Asylum, Legal Aid, Ministry of Justice, Persecution | Tagged , , , , , , , | Leave a comment

The UKBA and the detention of children

Detention is one of the most analysed topics in legal discourse. Detaining minors is an extraordinary step and in this country there is a very proud tradition which sets aside juvenile offenders’ trial processes in comparison to the manner and … Continue reading

Posted in Article 14, Article 3, Article 5, Article 8, Children, Dependants, Detention, ECHR, G4S, Immigration Law, Immigration Rules, Persecution, Private Prisons, Refugee Convention, s 55 BCIA, Settlement, Spouses, UKBA | Tagged , , , , , , , | Leave a comment

French and British joint declaration on immigration

The global economic recession’s bite into British and French defence budgets has opened a “new chapter” in bilateral defence cooperation between these historically rival nations. Emphasising that the sovereignty of neither nation would be compromised as a result of the … Continue reading

Posted in Asylum, Business, Cases, ECHR, Economy, Employment, France, Immigration Law, Immigration Rules, Overseas Workers, Persecution | Tagged , , , , , , | Leave a comment

UKBA names Reliance as its new remover

After the continuing saga of Jimmy Mubenga’s death and the UKBA’s subsequent moratorium on forced removals which followed it, has been announced that the Agency’s current contractor G4S will no longer be removing immigration detainees from the UK. The private … Continue reading

Posted in Article 8, Asylum, Business, Cameroon, Cases, Dependants, Detention, ECHR, Employment, G4S, Immigration Law, Immigration Rules, Persecution, Private Prisons, Refugee Convention, Settlement | Tagged , , , , , , , , , , , | Leave a comment

Agency publishes Tier 1 statistics

The International Group of the UKBA published what it called the an “operational assessment” of Tier 1 of the Points Based System (PBS). The Agency’s document can be viewed here. It is very much the objective of the Agency’s document … Continue reading

Posted in Article 8, Business, Dependants, Economy, Employment, Entrepreneurs, Fees, Immigration Law, Immigration Rules, PBS, Persecution, Tier 1, UKBA, Working | Tagged , , , , , , , , | Leave a comment

Why the best might prefer to leave the UK

While speaking to the Confederation of British Industry in an attempt to allay the immigration fears of the business community Prime Minister David Cameron comfortingly said to his audience: “Let me give you this assurance. As we control our borders … Continue reading

Posted in AP (Russia), Article 8, Asylum, Biometric Cards, Business, Detention, Economy, Education, Employment, Entrepreneurs, European Union, Immigration Law, Immigration Rules, Overseas Workers, PBS, Persecution, Post Study Work, Tier 1, Tier 2, UKBA Signing Centres, Uncategorized, Working | Tagged , , , , , , , , , , , , , , | Leave a comment

More evidence of degrading treatment emerges

The Jimmy Mubenga case brought to light the degrading and inhuman treatment which returnees receive at the hands of private security companies such as G4S which are involved in enforcement actions taken by the UKBA. Thereafter, the scandal has been … Continue reading

Posted in Article 8, Asylum, Detention, ECHR, G4S, Immigration Law, Immigration Rules, Persecution, Refugee Convention, Spouses | Tagged , , , , , , | Leave a comment

Case Comment: TM (Zimbabwe) & Ors v Secretary of State for the Home Department [2010] EWCA Civ 916

The present case from Zimbabwe is about refugee sur place activity. This is where persons who were not refugees when they left their countries of origin became refugees later because of intervening events. Refugees sur place may owe their fear … Continue reading

Posted in Asylum, Cases, Court of Appeal, Persecution, UKBA, Zimbabwe | Tagged , , , | Leave a comment

Homosexuality and Persecution: Analysing HJ (Iran) and HT (Cameroon) v SSHD

The Nature of the Case This decision of the United Kingdom Supreme Court (UKSC) can be viewed as a spirited effort by its judges to harmonise and converge Western jurisprudence arising out of the UN Convention Relating to the Status … Continue reading

Posted in Article 8, Asylum, Australia, Cameroon, Cases, ECHR, High Court of Australia, Homophobia, Immigration Law, Immigration Rules, Iran, Persecution, Refugee Convention, UKSC | Tagged , , , , , , , , , , | Leave a comment