Category Archives: International Law

Medical Cases: Asylum, Torture and EU Law

Case C-353/16 MP (Sri Lanka) v SSHD (ECLI:EU:C:2017:795) In this reference, the Supreme Court asked the CJEU to rule on the question whether a third country national, who had been tortured in the past but will not be tortured upon return, … Continue reading

Posted in Article 3, Asylum, CFR, CJEU, ECHR, European Union, International Law, Persecution, Refugee Convention, Removals, Sri Lanka, Statelessness, UKSC | Tagged , , , , , , , , | 1 Comment

Brexit: The Miller Judgment

R (Miller & Anor) v The Secretary of State for Exiting the European Union [2017] UKSC 5 Miller is considered to be the most important constitutional case for a generation. The lead claimant Gina Miller means different things to different people. … Continue reading

Posted in Brexit, Cases, CJEU, Constitution, Economy, European Union, Free Movement, International Law, Judicial Review, Miller, Politics, Rule of law, UKSC, Women | Tagged , , , , | 1 Comment

Case Preview: Bashir and Others v SSHD

In her Christmas speech to British forces in Akrotiri, the prime minister celebrated the downfall of ISIS. Temporarily relieved from the turbulence of domestic and European politics, a triumphant Theresa May stressed that British military bases in Cyprus – the … Continue reading

Posted in Appeals, Article 14, Asylum, Brexit, CFR, Court of Appeal, ECHR, Human Trafficking, International Law, Italy, Judicial Review, Persecution, Politics, Refugee Convention, Settlement, UKSC | Tagged , , , , , , , , | 1 Comment

Defence of Illegality Inapplicable to Trafficked Nigerian Woman’s Discrimination Claim Says Supreme Court

Hounga v Allen & Anor [2014] UKSC 47 (30 July 2014) “A small claim generates an important point”, said the Supreme Court in this intriguing case regarding the circumstances in which the defence of illegality should defeat a complaint by … Continue reading

Posted in Council of Europe, Court of Appeal, ECHR, Employment, Human Trafficking, International Law | Tagged , , | Leave a 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

SK (Zimbabwe): mob violence and exclusion from asylum

SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807, please read judgment.  SK appealed the Upper Tribunal’s decision on the grounds that, on a true interpretation of the Rome Statute, her acts did not amount … Continue reading

Posted in Asylum, Court of Appeal, International Law, Persecution, Zimbabwe | Tagged , , , , , | Leave a comment

Dutch charges deemed disproportionate

Commission v Netherlands (Failure of a Member State to fulfil obligations) [2012] EUECJ C-508/10 In this case the Court of Justice of the European Union (Second Chamber) ruled that in granting residence permits to third-country nationals, and to their family members, who … Continue reading

Posted in Article 8, CJEU, European Union, Fees, International Law, Netherlands | Tagged , , , | 2 Comments