Tag Archives: Persecution

Who is Altaf Bhai?

Altaf Hussain, or Altaf Bhai as he is infamously known, used to be a Chicago cabby. But these days he means different things to different people. A British citizen, Mr Hussain leads an ethnically motivated political organisation claiming secular and … Continue reading

Posted in Ahmadis, Asylum, Australia, Canada, Karachi, Terrorism | Tagged , , , , | Leave a comment

Free Movement Wins Jamaican Homosexual’s Case

Secretary of State for the Home Department (SSHD) v JR (Jamaica), R (on the application of) [2014] EWCA Civ 477 (16 April 2014) This case tells yet another extraordinary tale of winning against impossible odds. The hearing took place on … Continue reading

Posted in Appeals, Article 3, Asylum, Homophobia | Tagged , , , | Leave a comment

Resilience Rewards Congolese Asylum Seeker

SN, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1111 (Admin) (24 February 2014) This decision involves judicial review, asylum seeking, fresh claims, certification and the politically plagued postcolonial country of the Republic … Continue reading

Posted in Africa, Asylum, Immigration Rules, Judicial Review | Tagged , , | Leave a comment

CJEU on the Qualification Directive, Homosexuality and Persecution

Joined Cases C-199/12, C-200/12, C-201/12, Minister voor Immigratie en Asiel v X, Y and Z v Minister voor Immigratie en Asiel The status of homosexuals is an extremely fascinating aspect of asylum and human rights law. Even in the freedom … Continue reading

Posted in Article 8, Asylum, CFR, CJEU, ECHR, Netherlands | Tagged , , , | Leave a comment

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

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

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

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

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

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

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

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 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