Category Archives: Article 3

Asylum and Sexual Orientation: HJ (Iran) Guidance ‘Not Given in a Legal Vacuum’

LC (Albania) v Secretary of State for the Home Department (UNHCR Intervening) [2017] EWCA Civ 351 (09 May 2017) HJ (Iran) [2010] UKSC 31 was a landmark judgment. The Supreme Court held that asylum should not be refused to a … Continue reading

Posted in Ahmadis, Article 3, Asylum, CJEU, ECHR, European Union, Homophobia, Pakistan, UKSC | Tagged , , , , , | Leave a comment

Algerian Jihadist poised for ILR

G v Secretary of State for the Home Department [2016] EWHC 3232 (Admin) (16 December 2016) An “Arab-Afghan” and a Salafist who joined the dreaded Fronte Islamique de Salut (FIS) in 1989, the claimant was an Algerian national who tried … Continue reading

Posted in Algeria, Article 3, Article 8, Asylum, Deportation, ECHR, Employment, Immigration Rules, Politics, RLR, Settlement, SIAC, Terrorism, UKSC | Tagged , , , , , , , , , | Leave a comment

RLR and Irrationality: Settlement for Sikh Separatist

MS (India) v Secretary of State for the Home Department [2016] EWHC 3162 (Admin) (09 December 2016) This intriguing article 1F case concerns a Sikh separatist, or “terrorist” from India’s point of view, seeking a free Khalistān – literally “the … Continue reading

Posted in Article 2, Article 3, Article 8, Asylum, Deportation, ECHR, Immigration Act 2014, India, Politics, Proportionality, Refugee Convention, RLR, Settlement, SIAC, Terrorism | Tagged , , , , , , , , , | Leave a comment

Blues for Zambrano: CS (Morocco) and Rendón Marín

In Zambrano (C‑34/09, EU:C:2011:124) the CJEU caused a stir by insisting that national law was incapable of depriving EU citizens of the genuine enjoyment of the substance of the rights granted by Union citizenship. Thereafter, in a series of judgments, … Continue reading

Posted in Article 3, Article 8, Asylum, Automatic Deportation, CFR, Children, Citizens Directive, CJEU, Deportation, European Union, Refugee Convention | Tagged , , , , , , , | Leave a comment

Safe to Return: Asylum and Unlawful Exit from Iran

SSH and HR (illegal exit: failed asylum seeker) (CG) [2016] UKUT 308 (IAC) (29 June 2016) With former home secretary Theresa May at the helm as prime minister, these days the British are preoccupied with hammering out a good Brexit … Continue reading

Posted in Article 3, Asylum, Blogging, Brexit, ECHR, FCO, Iran, Iraq, Politics, Refugee Convention, Syria, Terrorism, Tribunals | Tagged , , , , , , , | 1 Comment

Qualification Directive and Previous Torture: What is the Scope of Coverage for Mental Illness?

MP (Sri Lanka) v Secretary of State for the Home Department [2016] UKSC 32 (22 June 2016) Nowadays, the island nation of Sri Lanka is a popular tourist destination. People from all over South Asia, and elsewhere, flock to marvel … Continue reading

Posted in Article 3, Asylum, CJEU, ECHR, European Union, Sri Lanka, Terrorism, UKSC | Tagged , , , , | Leave a comment

Lone Women and Ostracism in Pakistan

SM (Lone Women – Ostracism) Pakistan [2016] UKUT 67 (IAC) (2 February 2016) Like his clever creator, Kipling’s fictional character of the orphaned/vagabond Irish immigrant child Kimball O’Hara – the devoted chela (disciple) of a lama – lived in late … Continue reading

Posted in Article 3, Article 8, Asylum, Hale JSC, Immigration Act 2014, Islam, Pakistan, Persecution, Politics, Refugee Convention, s 55 BCIA, Tribunals, Women | Tagged , , , , , , | 4 Comments