Category Archives: Asylum

TN & MA (Afghanistan): Is JR an Effective Remedy for UASCs?

Like the case of AA (Afghanistan), the cases of TN and MA (Afghanistan) (AP) (Appellants) UKSC 2014/0047 also involve the Reception Directive and regulation 6 of the Asylum Seekers (Reception Conditions) Regulations 2005 which impose on the Home Office the … Continue reading

Posted in Afghan War, Asylum, CFR, Children, CJEU, ECHR, European Union, Judicial Review | Tagged , , , | 1 Comment

AA (Afghanistan): What is the Scope of the Tracing Duty?

The Supreme Court looks set to hear a trio of Afghan asylum cases next week. The fact that AA (Afghanistan) (Appellant) UKSC 2014/0081 and TN and MA (Afghanistan) (AP) (Appellants) UKSC 2014/0047 involve children does not detract from the truly … Continue reading

Posted in Afghan War, Asylum, Children, CJEU, Judicial Review, s 55 BCIA | 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

Posted in Article 3, Asylum, CFR, Human Rights Act | Tagged , , , , , , | Leave a comment

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

President Gives Home Office Some Stick

MR (permission to appeal: Tribunal’s approach) Brazil [2015] UKUT 29 (IAC) (19 January 2015) In this case, MR, the respondent, a thirty three year old Brazilian mother, applied for a derivative residence card pursuant to the Immigration (European Economic Area) … Continue reading

Posted in Appendix FM, Asylum, Cases, Citizens Directive, CJEU, Tribunals | Tagged , | Leave a comment

Asylum and Sexual Orientation: Lost Opportunities in the CJEU

Joined Cases C-148/13 to C-150/13, A, B, C v Staatssecretaris van Veiligheid en Justitie, UNHCR intervening, EU:C:2014:2406 (02 December 2014) As Lord Hope DPSC (as he then was) explained some years ago, the High Contracting Parties to the to the Convention … Continue reading

Posted in Asylum, CFR, CJEU, European Union, Netherlands | Tagged , , , , | 1 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