Category Archives: Asylum

Upper Tribunal: Tanveer Ahmed remains good law

QC (verification of documents; Mibanga duty) [2021] UKUT 33 (IAC) (12 January 2021) In a panel consisting of President Lane and Vice President Ockelton, the Upper Tribunal has held as to verification of documents that the case of Tanveer Ahmed … Continue reading

Posted in Adjournment, Appeals, Article 3, Asylum, China, Court of Appeal, Credibility, ECtHR, Mibanga Duty, Pakistan, Politics, Refugee Convention, Tibetan Buddhism, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Priti Patel’s pathetic plan to fix the immigration system

The controversial policy statement on the government’s New Plan for Immigration CP 412 (March 2021) claims that “in the year ending September 2019, 62% of UK asylum claims were made by those entering illegally – for example by small boats, … Continue reading

Posted in Asylum, Australia, BN(O), Credibility, Crime, Expert Evidence, HOPOs, Human Trafficking, Immigration Rules, Judicial Review, PBS, Persecution, Refugee Convention, Removals, WCOs | Tagged , , , , , , | Leave a comment

Solicitors named and shamed in another Hamid judgment

R (DVP & Ors) v The Secretary of State for the Home Department [2021] EWHC 606 (Admin) (17 March 2021) Exercising the R (Hamid) [2012] EWHC 3070 (Admin) jurisdiction, Dame Victoria Sharp PQBD and Tipples J have held that solicitors … Continue reading

Posted in Access to Justice, Article 5, Asylum, Conduct/Character, CPR, Disclosure, Hamid, Judicial Review | Tagged , , , , , | Leave a comment

Abduction and asylum: Supreme Court holds child named on parent’s asylum application is protected from refoulement

G v G [2021] UKSC 9 (19 March 2021)  The Supreme Court has held that a child named as a dependant on her parent’s asylum claim who could objectively be understood to have made a request for international protection had … Continue reading

Posted in Appeals, Asylum, Brexit, Child Abduction, High Court, Immigration Rules, Refugee Convention, South Africa, UKSC | Tagged , , , , , , | Leave a comment

Government can retain passport without removing citizenship

R (Xhelilaj) v Secretary of State for the Home Department [2021] EWHC 408 (Admin) (24 February 2021) Mr Edmir Xhelilaj, a British citizen whose stated place of birth is now in the Republic of North Macedonia, sought judicial review of … Continue reading

Posted in Article 8, Asylum, Citizenship and Nationality, ECHR, Judicial Review, Settlement | Tagged , , , | Leave a comment

Failure to provide legal aid advice to immigration detainees in prison is unlawful

R (SM) v Bail for Immigration Detainees [2021] EWHC 418 (Admin) (25 February 2021) In these proceedings, Swift J held that the failure to give immigration detainees held in prison access to publicly funded legal advice to an extent equivalent … Continue reading

Posted in Access to Justice, Article 14, Article 2, Article 3, Article 5, Article 8, Asylum, Bail, Detention, IRCs, UKSC | Tagged , , , , , , , , , | Leave a comment

New evidence must satisfy Ladd v Marshall to justify departure from FTT decision on refugee status

R (Al-Siri) v Secretary of State for the Home Department [2021] EWCA Civ 113 (08 February 2021) The Court of Appeal dismissed the government’s appeal against the judgment of Richard Clayton QC where he had quashed the decision of the … Continue reading

Posted in Appeals, Article 3, Asylum, Court of Appeal, ECHR, Egypt, Islam, Judicial Review, Refugee Convention, Terrorism | Tagged , , , , , | Leave a comment

Government loses bid to lower bar for exclusion of extremists from refugee status

The Secretary of State for the Home Department v NF [2021] EWCA Civ 17 (11 January 2021)  The Court of Appeal has dismissed the government’s appeal as to the lowering of the high threshold for the engagement of article 1F(c) … Continue reading

Posted in Africa, Al-Shabab, Appeals, Asylum, Court of Appeal, Kenya, Refugee Convention, Somalia, Terrorism, UKSC | Tagged , , , , , , | Leave a comment

Permission to work guidance for asylum seekers is unlawful

R (IJ (Kosovo)) v Secretary of State for the Home Department [2020] EWHC 3487 (Admin) (18 December 2020)  The claimant, “IJ”, was a citizen of Kosovo who was determined to be a refugee and a victim of trafficking. During the … Continue reading

Posted in Article 4, Article 8, Asylum, Costs, ECAT, ECHR, Human Rights Act, Human Trafficking, Immigration Rules, Judicial Review, Persecution, Working | Tagged , , , , , | Leave a comment

Court of Appeal upholds Algeria country guidance for gay men

YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683 (14 December 2020)  Lewis, Peter Jackson and Asplin LJJ have dismissed the appeal of Mr YD who alleged that the country guidance in OO (Gay men) … Continue reading

Posted in Algeria, Asylum, Court of Appeal, Refugee Convention, SOGI, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Home Office is failing potential victims of human trafficking

DA & Ors v Secretary of State for the Home Department [2020] EWHC 3080 (Admin) (13 November 2020)  In judicial review proceedings brought by an Eritrean and two Sudanese nationals who claimed to be victims of human trafficking, Fordham J held that … Continue reading

Posted in Access to Justice, Arrivals, Article 3, Asylum, Brexit, Detention, Eritrea, Human Trafficking, Judicial Review, Libya, Modern Slavery, Removals, Sudan | Tagged , , , , , , , | Leave a comment

Upper Tribunal says gender terminology respecting the chosen identity of claimants must be used

Mx M (gender identity – HJ (Iran) – (terminology) El Salvador [2020] UKUT 313 (IAC) (22 October 2020)  In this case involving an appellant who was a national of El Salvador and who considered themselves a homosexual man when living … Continue reading

Posted in Access to Justice, Article 3, Asylum, ECHR, El Salvador, European Union, High Court of Australia, Refugee Convention, SOGI, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Removal policy preventing access to justice declared unlawful

R (FB (Afghanistan) & Anor) v Secretary of State for the Home Department [2020] EWCA Civ 1338 (21 October 2020) In a significant judgment, Lord Burnett LCJ and Hickinbottom and Coulson LJJ held that the SSHD’s removal notice window policy … Continue reading

Posted in Access to Justice, Article 2, Article 3, Article 8, Asylum, Court of Appeal, ECHR, Enforcement, Hostile Environment, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Persecution, Politics, Refugee Convention, Removals, Rule of law, UKSC, Windrush | Tagged , , , , , , , , | Leave a comment

Home Office loses appeal in Ugandan LGBT asylum case

PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1213 (28 September 2020)  The Court of Appeal has dismissed the SSHD’s appeal against Lewis J’s decision in PN v SSHD [2019] … Continue reading

Posted in Access to Justice, Article 3, Asylum, Court of Appeal, ECHR, Human Trafficking, Judicial Review, Law Society, Persecution, Refugee Convention, Removals, Tribunals, UKSC, Yarl's Wood IRC | Tagged , , , , | Leave a comment

Lahore High Court ruling on forced conversion to Islam

In Nasira v Judicial Magistrate and 5 others Writ Petition No. 45156 of 2019/PLD 2020 Lahore 489, the Lahore High Court granted a petition under Article 199 of the Constitution of Pakistan 1973 by a Christian woman called Nasira where she sought … Continue reading

Posted in Article 9, Asylum, Children, Conversion, ECHR, Families, Foreign law, Guardianship, India, Islam, Lahore High Court, Pakistan, Persecution, Tribunals | Tagged , , , , , , | 1 Comment

Court of Appeal clarifies asylum bars in child abduction cases

G (A Child: Child Abduction) [2020] EWCA Civ 1185 (15 September 2020)  The Court of Appeal has held that Lieven J (the High Court Judge) had been wrong to stay proceedings on the basis that there was a bar to … Continue reading

Posted in Article 8, Asylum, Child Abduction, Children, Court of Appeal, ECHR, Families, Habitual Residence, Hague Convention, High Court, Immigration Rules, International Law, Lady Hale, Pakistan, Refugee Convention, Removals, South Africa, Spouses, UKSC | Tagged , , , , , , , , , , , | Leave a comment

Court of Appeal reviews the meaning of “unduly harsh”

HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 (04 September 2020)  The appeals of HA and RA, both Iraqis, concerned the terms of Part 5A of the Nationality, Immigration and Asylum Act 2002 (especially … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, ECHR, Families, Immigration Rules, Iraq, Lady Hale, Parliament, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , , , | Leave a comment

Passports: Foreign law must be proved by expert evidence

Hussein and Another (Status of passports: foreign law) [2020] UKUT 250 (IAC)  CMG Ockelton VP has explained that (i) a person who holds a genuine passport, apparently issued to him, and not falsified or altered, has to be regarded as … Continue reading

Posted in Appeals, Article 8, Asylum, Dependants, ECHR, Kenya, Nationality, Refugee Convention, Somalia, Tanzania, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Court of Appeal avoids jurisdictional elephant trap costs order 

JH (Palestinian Territories) v UTIAC & Anor [2020] EWCA Civ 919 (17 July 2020) The Court of Appeal has allowed a Palestinian appellant’s appeal, and dismissed the SSHD’s cross-appeal, against an order of the Administrative Court that there should be … Continue reading

Posted in Appeals, Asylum, Costs, Court of Appeal, Judicial Review, Palestine, UKSC | Tagged , , , , , | Leave a comment

Risk of FGM: A child’s welfare is paramount in the family court 

A (A Child) [2020] EWCA Civ 731 (15 June 2020)  Ryder, King and Hickinbottom LJJ have affirmed the decision of Sir Andrew McFarlane P [2019] EWHC 2475 (Fam) by holding that when a family court considers an application for a female … Continue reading

Posted in Africa, Asylum, Cases, Children, Court of Appeal, Family Court, Female Genital Mutilation, Immigration Rules, Proportionality, s 55 BCIA, Tribunals | Tagged , , , , , , | Leave a comment