Category Archives: Refugee Convention

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

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

Notices must advise accurately on appeal rights

E1/(OS Russia) v Secretary of State for the Home Department [2012] EWCA Civ 357 (22 March 2012) In this case the Court of Appeal (Pill, Moses and Sullivan LJJ) heard an appeal in a judicial review case. The court unanimously reversed … Continue reading

Posted in Appeals, Court of Appeal, Notices, Refugee Convention, Settlement | Tagged , , , , | 1 Comment

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

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

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

Certificate of Approval fees refunds

In Baiai the House of Lords declared that the Certificate of Approval (COA) scheme was incompatible with article 8 of the ECHR as it disproportionately interfered with the fundamental right to marry. From 31 July 2009 applicants granted COAs between 2005 and 2009 … Continue reading

Posted in Article 8, Business, Cases, COA, Court of Appeal, Dependants, ECHR, Immigration Law, Immigration Rules, Overseas Workers, PBS, Post Study Work, Refugee Convention, Settlement, Tier 1, Tier 2, Tribunals, UKBA | 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

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

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

Agency responds to Jimmy Mubenga’s death

Any lawyer with experience of detention centre work in the immigration field will be familiar with the term “IRC”. This acronym stands for the rather obnoxious term Immigration Removal Centre. The security company G4S is responsible for “running” these “facilities” … Continue reading

Posted in Asylum, Cases, Dependants, Detention, ECHR, G4S, Immigration Law, Immigration Rules, Private Prisons, Refugee Convention, Settlement, UKBA | 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