Category Archives: Article 5

‘The Duty of the CPS is to the Public’: Article 8 and Prosecuting Refugees for False Documents

SXH (Appellant) v The Crown Prosecution Service (Respondent) [2017] UKSC 30 “This woman, in her short life, has had to endure experiences of the most horrific nature,” is how Lord Kerr described the appellant’s ordeal. However, the Supreme Court dismissed … Continue reading

Posted in Agents, Article 5, Article 6, Article 8, CPS, ECHR, Judicial Review, Refugee Convention, Somalia, UKSC | Tagged , , , , , , , | 1 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

Supreme Court on Detention, Deportation and Mental Illness

R (O) v Secretary of State for the Home Department [2016] UKSC 19 (27 April 2016) Heaven knows: Yarl’s Wood IRC – the infamous British Gulag where pregnant women and children are locked up – may even make the likes … Continue reading

Posted in Article 5, Asylum, Deportation, Detention, ECHR, European Union, Immigration Act 2016, Judicial Review, Legal Aid, Nigeria, UKSC, Yarl's Wood IRC | Tagged , , , , , , | 3 Comments

Supreme Court: EU Law Fails ‘Nuisance’ Algerian Criminal

R (Nouazli) v Secretary of State for the Home Department [2016] UKSC 16 (20 April 2016) Algeria and immigration bring to mind the image of radical Islam. For example, in a decade long deportation battle involving six Algerian men which … Continue reading

Posted in Algeria, Article 3, Article 5, CFR, Citizens Directive, CJEU, Deportation, Detention, ECHR, European Union, Immigration Act 2014, Judicial Review, Proportionality, UKSC | Tagged , , , , , , , , | 1 Comment

UK’s Afghanistan Detention Policy Unlawful

Mohammed v Ministry of Defence & Ors [2014] EWHC 1369 (QB) (02 May 2014) In the wake of the September 11 attacks, stability in Afghanistan became a priority for world leaders. But before all that happened, America, Britain and Saudi … Continue reading

Posted in Afghan War, Article 2, Article 5, ECHR, International Law | Tagged , , , | 1 Comment

“Secret Detention”: Assurances and Effective Verification?

XX v Secretary of State for the Home Department [2012] EWCA Civ 742  In mid June 2012, the Court of Appeal (Lord Neuberger MR, Richards and Davis LJJ) unanimously upheld the Special Immigration Appeals Commission’s (SIAC) decision that the deportation … Continue reading

Posted in Appeals, Article 3, Article 5, Article 6, Closed Evidence, Detention, Ethiopia, Terrorism | Tagged , , , | 2 Comments

Case Comment: Shepherd Masimba Kambadzi (FC) (Appellant) v SSHD (Respondent) [2011] UKSC 23

The summarised facts of this case are that Shepherd Masimba Kambadzi (“SMK”), a national of Zimbabwe, arrived in the United Kingdom as a visitor with 6 months’ leave to enter on 30 October 2002. Subsequently, his leave was extended until … Continue reading

Posted in Article 5, Asylum, Court of Appeal, Detention, ECHR, Enforcement, High Court, Immigration Law, Private Prisons, Removals, UKBA, UKSC, Zimbabwe | Tagged , , , , , | Leave a comment