Category Archives: ECHR

Analysis: Immigration Act 2016

A hostile environment hitting wrongdoing from every angle has been in the making for a long time. The Immigration Act 2016 builds on the foundations laid by the “flagship” Immigration Act 2014. The public tends to view foreigners as stealing local … Continue reading

Posted in Asylum, Brexit, Children, Deportation, ECHR, Economy, Employment, Enforcement, European Union, Fees, Immigration Act 2014, Immigration Act 2016, Islam, PBS, Public Interest, s 55 BCIA | Tagged , , , , , , , , | 1 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

‘Unduly Harsh’ is an Ordinary English Expression

MM (Uganda) & Anor v Secretary of State for the Home Department [2016] EWCA Civ 450 (20 April 2016) These proceedings are about two foreign criminals, a drug dealer (MM, a Ugandan) and a fraudster (KO, a Nigerian). They pour … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, Crime, ECHR, Human Rights Act, Immigration Act 2014, Immigration Rules, Nigeria, Uganda | 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

Advocate General Szpunar on Rendón Marín and CS

Strangely enough David Cameron and Theresa May are supporting the UK’s membership of the EU despite their condemnation of the CJEU for usurping the rightful place of Parliament. Masquerading as the “good guys”, they appear less opposed to EU law’s … Continue reading

Posted in Afghan War, Article 3, Article 8, Asylum, CFR, Children, Citizens Directive, CJEU, Deportation, ECHR, Muslims, Pakistan, Politics, Proportionality, Public Interest, Settlement, Terrorism, UKBA 2007, UKSC | Tagged , , , , , , , , , | Leave a comment