Tag Archives: Refugee Convention

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

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

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

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

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

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

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

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

Enforced Zimbabwe returns to resume

The Minister for Immigration Mr Damian Green issued a written ministerial statement on 14 October 2010 that the UKBA will be resuming enforced returns of failed asylum seekers to Zimbabwe. In September 2006 the then Immigration and Nationality Directorate suspended enforced … Continue reading

Posted in Article 8, Asylum, Immigration Law, Immigration Rules, Tribunals, UKBA, Zimbabwe | 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