Tag 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

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

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

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

Removing adult children as family members

Ahmad & Ors (removal of children over 18) Pakistan [2012] UKUT 267 (IAC) (30 July 2012)  At times the drafting of the Immigration Acts leaves a lot to be desired: rapid legislative change enhances entropy in an already difficult environment. … Continue reading

Posted in Article 8, Children, False Statements, India, Pakistan, Removals | Tagged , , , , | Leave a comment

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

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: 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

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

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

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

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: Shepherd Masimba Kambadzi (FC) (Appellant) v SSHD (Respondent) [2011] UKSC 23

The summarised facts of this case are that Shepherd Masimba Kambadzi (“SMK”), a national of Zimbabwe, arrived in the United Kingdom as a visitor with 6 months’ leave to enter on 30 October 2002. Subsequently, his leave was extended until … Continue reading

Posted in Article 5, Asylum, Court of Appeal, Detention, ECHR, Enforcement, High Court, Immigration Law, Private Prisons, Removals, UKBA, UKSC, Zimbabwe | 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