Category Archives: Persecution

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

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

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

Judge’s role is only supervisory during the taking of evidence  

WA (Role and duties of judge) Egypt [2020] UKUT 127 (IAC) (16 March 2020) Vice President Ockelton and President Lane have given guidance to the effect that “during the taking of evidence a judge’s role is merely supervisory” and “if something … Continue reading

Posted in Adjournment, Appeals, Asylum, Egypt, Judges, Persecution, Politics, Tribunals | Tagged , , , , , | Leave a comment

High Court orders asylum-seeker’s return to pursue appeal 

PN (Uganda) v The Secretary of State for the Home Department [2019] EWHC 1616 (Admin) (24 June 2019) In these judicial review proceedings, brought by “PN”, Lewis J held that the dismissal of a Ugandan woman’s appeal against the refusal … Continue reading

Posted in Africa, Article 3, Article 8, Asylum, Court of Appeal, Dyson JSC/MR, High Court, Judicial Review, Persecution, Refugee Convention, Tribunals, Uganda, Women, Yarl's Wood IRC | Tagged , , , , , | Leave a comment

Supreme Court allows tortured Tamil asylum-seeker’s appeal

KV (Sri Lanka) v Secretary of State for the Home Department [2019] UKSC 10 (6 March 2019) In a recent judgment given by Lord Wilson the Supreme Court unanimously allowed KV’s appeal, remitting the matter to the UT for fresh … Continue reading

Posted in Appeals, Asylum, Medical Cases, Persecution, Refugee Convention, Sri Lanka, Tribunals, UKSC | Tagged , , , , , | Leave a comment

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 , , , , | 4 Comments

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

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

Curtailment and Entry Clearance: Interfaith Couple Wins on Chikwamba in Court of Appeal

Tikka v The Secretary of State for the Home Department [2018] EWCA Civ 642 (28 March 2018) Qaisar Tikka entered as with student leave until September 2011. Subsequently, he met his British wife Josita Simta Rajoria and they married on 22 … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Families, Immigration Act 2014, Immigration Rules, India, Muslims, Pakistan, Persecution, Public Interest, Spouses, Students | Tagged , , , , , , , , | Leave a comment

Case Preview: FA (Pakistan) v SSHD

This appeal provides the Supreme Court the opportunity to further interpret its own historic case law by ascertaining (i) whether the refusal of asylum on the expectation an individual will suppress the expression of their religious faith, where the state … Continue reading

Posted in Ahmadis, Appeals, Article 3, Asylum, Islam, Pakistan, Persecution, Refugee Convention, UKSC | Tagged , , , , | Leave a 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

AG Bot: No Coverage for Mental Illness and Past Torture under the Qualification Directive

The annihilation of the Liberation Tigers of Tamil Eelam (LTTE) came at the cost of widespread human rights abuses and “unacceptably high” civilian casualties if not outright genocide. In MP (Sri Lanka) (C‑353/16, EU:C:2017:795), a reference from the UK Supreme … Continue reading

Posted in Article 3, Asylum, ECHR, European Union, Persecution, Politics, Refugee Convention, Settlement, Sri Lanka, Terrorism, UKSC | Tagged , , , , , , , | Leave a comment