Category Archives: Article 3

Terror Imam: Monitoring Measures Breach ECHR

DD v Secretary of State for the Home Department [2015] EWHC 1681 (Admin) (19 June 2015) No matter where one looks, judges seem to be hell-bent on helping wicked individuals. For example, SIAC’s recent decision that N2’s continued detention was … Continue reading

Posted in Al-Shabab, Article 3, Article 8, Asylum, Human Rights Act, Islam, Kenya, Refugee Convention, Somalia, Terrorism | Tagged , , , , , | 1 Comment

Court of Appeal Avoids Referring Zambrano Question to CJEU

Secretary of State for the Home Department v AQ (Nigeria) & Ors [2015] EWCA Civ 250 (25 March 2015) Apart from being legally complex, these cases are also factually controversial. AQ (Nigeria), TH (Bangladesh) and CD (Jamaica) were foreign criminals … Continue reading

Posted in Article 3, Article 8, Automatic Deportation, Children, CJEU, Immigration Rules, UKBA 2007 | Tagged , , , , | 1 Comment

‘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

Posted in Article 3, Article 8, Asylum, Belgium, CFR, CJEU, Court of Appeal, ECHR | Tagged , , , , | Leave a comment

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

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

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

Posted in Article 3, Article 8, Asylum, Human Rights Act, Immigration Act 2014, Immigration Rules | Tagged , , , | Leave a comment

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

Posted in Article 3, Asylum, Homophobia, Jamaica, Pakistan, Persecution | Tagged , , , , | 3 Comments