Category Archives: Africa

Article 8 and Entry Clearance: Court of Appeal Confirms the Approach in Mostafa

Entry Clearance Officer, Sierra Leone v Kopoi [2017] EWCA Civ 1511 (10 October 2017) In this interesting case, the Court of Appeal allowed the ECO’s appeal against the Upper Tribunal’s decision that the relationship between Edna Kopoi and her relatives … Continue reading

Posted in Africa, Article 8, Brexit, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Judicial Review, Miller, Proportionality, Tribunals, UKSC, Visitors | Tagged , , , , , , , , | 1 Comment

Case Preview: Kiarie and Byndloss v SSHD

After a raft of cases on the “foreign criminal” theme – such as Nouazli [2016] UKSC 16, Johnson [2016] UKSC 56, Makhlouf [2016] UKSC 59 and Hesham Ali [2016] UKSC 60 – were decided last year, Kiarie and Byndloss (Appellants) … Continue reading

Posted in Africa, Appeals, Article 8, Automatic Deportation, Children, Deportation, ECHR, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Jamaica, Judicial Review, Kenya, Public Interest, UKSC | Tagged , , , , , , , | 3 Comments

Case Preview: SXH (Appellant) v CPS (Respondent)

SXH (Appellant) v CPS (Respondent) UKSC 2014/0148 relates to an asylum seeker who fled her native Somalia in 2008 because of suffering extreme sexual and physical violence and arrived in the UK in 2009 via Yemen and Holland. “SXH” hails … Continue reading

Posted in Africa, Agents, Article 8, Asylum, Crime, ECHR, Human Rights Act, Judicial Review, Somalia, UKSC | Tagged , , , , , , | Leave a comment

Sahrawi Asylum Seeker’s Detention Upheld

R (ML (Morocco)) v SSHD [2016] EWHC 2177 (Admin) (31 August 2016) The Convention Relating to the Status of Stateless Persons 1954 expresses quite “profound concern” for stateless persons not protected by the Convention Relating to the Status of Refugees … Continue reading

Posted in Africa, Article 5, Asylum, Crime, Detention, Statelessness | Tagged , , , , | 1 Comment

No Section 83 Right of Appeal for Asylum Decision

MS (Uganda) v Secretary of State for the Home Department [2016] UKSC 33 (22 June 2016) This case is somewhat academic because it relates to the construction of section 83 of the Nationality, Immigration and Asylum Act 2002. The provision … Continue reading

Posted in Africa, Appeals, Asylum, Immigration Act 2014, Persecution, Refugee Convention, Terrorism, Tribunals, UKSC | Tagged , , , , , | 1 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