Category Archives: CFR

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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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

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Case Note: Tarakhel v Switzerland

TARAKHEL v. SWITZERLAND – 29217/12 – Grand Chamber Judgment [2014] ECHR 1185 (04 November 2014) Abjectly neglected but strategically vital, war-torn Afghanistan’s festering wounds are unlikely to heal anytime soon. When my friend John and I recently met the Afghan … Continue reading

Posted in Afghan War, Article 3, Article 8, Asylum, CFR, Children, CJEU, Council of Europe, Pakistan | Tagged , , , , , , | Leave a comment

Advocate General Sharpston: Charter Constrains “Verifying” Asylum Claimants’ Sexual Orientation

In her recent Opinion in Joined Cases C-148/13, C149/13 and C-150/13, A, B and C, AG Sharpston agreed with the view that “an individual’s sexual orientation is a complex matter, entwined inseparably with his identity, that falls within the private … Continue reading

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Arden LJ on CSIC and Permanent Residence

Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 (16 July 2014) Should the spouse of an economically inactive EEA citizen, i.e. a national of one of the member states of the EU or of one … Continue reading

Posted in CFR, Citizens Directive, CJEU, Court of Appeal, Pakistan, Permanent Residence, Uncategorized | Tagged , , , , | Leave a comment

Essence Must Always Be Disclosed

ZZ (France) v Secretary of State for the Home Department (No. 2) [2014] EWCA Civ 7 (24 January 2014) Some disputes are difficult to settle. This case involves a longstanding quarrel about the true interpretation of Directive 2004/38/EC (the directive) … Continue reading

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CJEU on the Qualification Directive, Homosexuality and Persecution

Joined Cases C-199/12, C-200/12, C-201/12, Minister voor Immigratie en Asiel v X, Y and Z v Minister voor Immigratie en Asiel The status of homosexuals is an extremely fascinating aspect of asylum and human rights law. Even in the freedom … Continue reading

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