Category Archives: Persecution

Should Shamima Begum be allowed to return home?

After running away from Bethnal Green with her school friends Amira Abase and Kadiza Sultana three years ago, Shamima Begum, the ISIS bride deprived of British citizenship, is stuck in limbo with her son who was born in the al-Hawl refugee … Continue reading

Posted in Article 8, Children, Citizenship and Nationality, Deprivation of Citizenship, ECHR, Families, Immigration Act 2014, Lady Hale, Persecution, Politics, Statelessness, UKSC | Tagged , , , , | 1 Comment

Analysis of Country Guidance on Iranian Kurds

HB (Kurds) Iran (illegal exit: failed asylum seeker) CG [2018] UKUT 430 (IAC) (12 December 2018) Finding themselves trapped as minorities in countries such as Iran, Iraq, Syria and Turkey, the Kurds are dubbed “a people without a country” and … Continue reading

Posted in Appeals, Article 10, Article 3, Asylum, ECHR, Iraq, Islam, Persecution, Refugee Convention, Tribunals, UKSC | Tagged , , , , , , | 1 Comment

What is the correct approach to assessing medical evidence in asylum claims alleging torture?

The Supreme Court recently considered the correct approach to the assessment of medical evidence in asylum claims alleging torture. In KV (Sri Lanka) [2017] EWCA Civ 119, Elias, Patten and Sales LJJ held that the decision in KV (scarring – … Continue reading

Posted in Article 3, Asylum, Court of Appeal, Lady Hale, Persecution, Refugee Convention, Sri Lanka, UKSC | Tagged , , , , , | 1 Comment

Standard of Proof for Statelessness is Balance of Probabilities

AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234 (12 October 2018) The Court of Appeal has held that those asserting that they are stateless need to prove their case on the balance of probabilities. … Continue reading

Posted in Asylum, Citizenship and Nationality, CJEU, Court of Appeal, Deportation, Eritrea, Ethiopia, European Union, Immigration Rules, Nationality, Nigeria, Palestine, Persecution, Proportionality, Public Interest, Refugee Convention, South Africa, Statelessness, Tribunals, UKSC | Tagged , , , , , , , , | 1 Comment

Section 67: Court of Appeal on UASC and Procedural Fairness

R (Help Refugees Ltd) v The Secretary of State for Home Department & Anor [2018] EWCA Civ 2098 (03 October 2018) So that they may properly challenge adverse decision-making by way of judicial review, the Court of Appeal has held … Continue reading

Posted in Asylum, CFR, Children, Consultation(s), Court of Appeal, European Union, Immigration Act 2016, Immigration Rules, Judicial Review, Persecution, Politics, Refugee Convention, UKSC | Tagged , , , , , , , , | Leave a comment

Refugee Convention: Metropolitan Territory is Distinct from Dependent Territories

R (Bashir & Ors) v Secretary of State for the Home Department [2018] UKSC 45 (30 July 2018) In a complex interim judgment dealing with threshold issues, the Supreme Court has held that both the Refugee Convention 1951 and the … Continue reading

Posted in Asylum, ECHR, Entry Clearance, Free Movement, Immigration Rules, Judicial Review, Persecution, Proportionality, Refugee Convention, UKSC, United Nations | Tagged , , , , , , | Leave a comment

Court of Appeal: ‘Indiscriminate Methods of Warfare’ in Gaza

MI (Palestine) v Secretary of State for the Home Department [2018] EWCA Civ 1782 (31 July 2018) Holding that it is sufficiently arguable that the situation in Gaza is attributable to direct and indirect actions of parties to the conflict … Continue reading

Posted in Article 3, Asylum, Automatic Deportation, Court of Appeal, ECHR, Egypt, Gaza, Israel, Palestine, Persecution, Politics, Somalia, Terrorism, Tribunals | Tagged , , , , , , , , , | 1 Comment