Category Archives: Article 3

‘Messy’ Article 3 and the ‘Obscure Policy of Mercy’

SJ v BELGIUM 70055/10, Judgment (Struck out of the List), (Grand Chamber), 19/03/2015 When she was eight months pregnant, SJ (a Nigerian national born in 1989) claimed asylum in Belgium in July 2007. She contended that she had fled Nigeria because … Continue reading

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Supreme Court: Jamaica Generally Unsafe for Gay Community

R (Brown (Jamaica)) v Secretary of State for the Home Department [2015] UKSC 8 (4 March 2015) The Home Secretary’s appeal to the Supreme Court, in relation to whether Jamaica should be included on the list of states designated in … Continue reading

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Presidential Guidance on Dublin Cases

R (Weldegaber) v Secretary of State for the Home Department (Dublin Returns – Italy) IJR [2015] UKUT 70 (IAC) (12 Feb 2015) Yosief Weldegaber, the applicant for judicial review was a 31-year old Eritrean national. His removal was stayed by … Continue reading

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An Afterthought on Private Life

Bossadi (paraagraph 276ADE; suitability; ties) [2015] UKUT 42 (IAC) (28 January 2015) This case concerned a national of the Democratic Republic of the Congo (DRC), one Mr Bossadi, who had been convicted more than half a dozen times for committing … Continue reading

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JB (Jamaica): Is Jamaica Safe For Homosexuals?

JB (Jamaica) Case ID UKSC 2013/0162 concerns the persecution of gay people and throws up the thorny question whether the Secretary of State for the Home Department (SSHD) is entitled by section 94(5) of the Nationality, Immigration and Asylum Act … Continue reading

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Case Note: Tarakhel v Switzerland

TARAKHEL v. SWITZERLAND – 29217/12 – Grand Chamber Judgment [2014] ECHR 1185 (04 November 2014) Abjectly neglected but strategically vital, war-torn Afghanistan’s festering wounds are unlikely to heal anytime soon. When my friend John and I recently met the Afghan … Continue reading

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Article 8 and Terrorism: Construing Words Sensibly

YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 (10 October 2014) Earlier in the month, the Court of Appeal (Aikens LJ, Sir Colin Rimer & Sir Stanley Burnton) unanimously allowed an appeal on article … Continue reading

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