Category Archives: Terrorism

Should the UK provide MLA to the US for the death penalty? 

In the Divisional Court, the mother of the accused ISIS terrorist Shafee El Sheikh, Maha El Gizouli failed in her challenge against the Home Secretary’s decision to provide mutual legal assistance (MLA) to the US without requiring an assurance that … Continue reading

Posted in Article 3, Article 8, CFR, Citizenship and Nationality, Court of Appeal, ECHR, European Union, Human Rights Act, Judicial Review, Syria, Terrorism, UKSC, United States | Tagged , , , , , , | Leave a comment

No death penalty assurance is necessary for ISIS ‘Beatles’

R (El Gizouli) v Secretary of State for the Home Department [2019] EWHC 60 (Admin) (18 January 2019) In a rolled-up hearing, Lord Burnett LCJ and Garnham J granted permission for judicial review in these proceedings but their Lordships dismissed … Continue reading

Posted in Article 3, Article 8, CFR, ECHR, Human Rights Act, International Law, Iran, Judicial Review, Politics, Rule of law, Terrorism, UKSC | 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

Lawful Detention is a Precondition for Granting Bail

B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 (8 February 2018) The case of “B” enabled the Supreme Court to put to rest the theory that continuous lawful detention is not a condition precedent for exercising … Continue reading

Posted in Article 3, Article 5, Bail, ECHR, Immigration Act 2016, Judicial Review, Terrorism, UKSC | Tagged , , , , | 1 Comment

Case Preview: B (Algeria) v SSHD

The respondent “B” entered the UK illegally in 1993. He is probably from Algeria. But since he refuses to identify himself his real nationality is unknown. Earlier this month, the Supreme Court heard the SSHD’s appeal on the issue whether, … Continue reading

Posted in Article 3, Article 5, Bail, CFR, Court of Appeal, Deportation, Detention, Dyson JSC/MR, ECHR, Proportionality, Public Interest, SIAC, Terrorism, UKSC | Tagged , , , , , , | 2 Comments

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

Statelessness: Ethnic Cleansing and the Rohingya

UNHCR estimates that at least 10 million people around the world are stateless. People who are denied a nationality are automatically disentitled from everyday activities most of us take for granted. The inability to access banking, education, employment and healthcare … Continue reading

Posted in Asylum, Bangladesh, Brexit, Citizenship and Nationality, Deportation, Ethnic Cleansing, Genocide, India, Karachi, Myanmar, Pakistan, Persecution, Politics, Racism, Refugee Convention, Rohingya, Statelessness, Terrorism, UKSC, United Nations, United States | Tagged , , , , , , , , , , , | 2 Comments