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Top Posts & Pages
- Upper Tribunal: Tanveer Ahmed remains good law
- Lahore High Court ruling on forced conversion to Islam
- The Court of Appeal on Substantive and Procedural Fairness
- Court of Appeal: Physical needs are decisive in ADR cases
- KO (Nigeria) judgment does not set out a ‘notional comparator’ baseline test
- Students, cancellation, curtailment and private life
- Court of Appeal holds that a ‘rolling review’ is acceptable
- Corrupt Pakistani builders kept out by Court of Appeal
- Court of Appeal on Nikah and non-qualifying ceremonies
- ‘Sub-optimal’ Supplementary Decision Letters Are Lawful
Category Archives: Terrorism
Trafficking plea fails Shamima Begum in Court of Appeal
Begum v Secretary of State for the Home Department [2024] EWCA Civ 152 (23 February 2024) The Court of Appeal has held that the SSHD had not erred in depriving Shamima Begum of her British citizenship pursuant to section 40(2), on … Continue reading
Palestinian Guantánamo Bay detainee wins in Supreme Court
Zubaydah v Foreign, Commonwealth and Development Office and others [2023] UKSC 50 (20 December 2023) Dismissing the Foreign Commonwealth and Development Office, the Home Office and the Attorney General’s appeal, the Supreme Court held in this case that under sections … Continue reading
ZH (Tanzania) distinguished by Court of Appeal
L3 v Secretary of State for the Home Department [2022] EWCA Civ 1357 (21 October 2022) In the case of “L3”, the Court of Appeal held that the SSHD had been entitled to exclude a Libyan national from the UK … Continue reading
Withdrawal of deprivation decisions has prospective effect only
E3 & Ors v Secretary of State for the Home Department [2022] EWHC 1133 (Admin) (13 May 2022) Dismissing these judicial review claims, Mr Justice Jay held that in the event the Special Immigration Appeals Commission (“SIAC”) had made factual … Continue reading
Afghan Refugees in Pakistan: Webinar on 31 August 2021
The withdrawal of US forces from Afghanistan and the return of the Taliban after two decades has left the world stunned and the UK rushed to airlift more than 4,000 UK nationals and Afghan citizens, while Joe Biden intends to … Continue reading
Deprivation of citizenship: Notice cannot be served by placing decision on subject’s Home Office file
D4, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 2179 (Admin) (30 July 2021) In these insightful judicial review proceedings, Chamberlain J held that prior to making an order depriving a person of … Continue reading
Terrorism convict defeats government in article 1F(c) appeal
AE (Iraq) v The Secretary of State for the Home Department [2021] EWCA Civ 948 (22 June 2021) The Court of Appeal has recently decided that in circumstances where the UT had not made a finding that the FTT had … Continue reading
New evidence must satisfy Ladd v Marshall to justify departure from FTT decision on refugee status
R (Al-Siri) v Secretary of State for the Home Department [2021] EWCA Civ 113 (08 February 2021) The Court of Appeal dismissed the government’s appeal against the judgment of Richard Clayton QC where he had quashed the decision of the … Continue reading
Government loses bid to lower bar for exclusion of extremists from refugee status
The Secretary of State for the Home Department v NF [2021] EWCA Civ 17 (11 January 2021) The Court of Appeal has dismissed the government’s appeal as to the lowering of the high threshold for the engagement of article 1F(c) … Continue reading
Syria returnee’s proceedings do not breach right to fair trial
QX v Secretary of State for the Home Department [2020] EWHC 2508 (Admin) (21 September 2020) “QX” the claimant for judicial review was a British jihadi who had spent time in Syria. He aligned himself with a group that was … Continue reading
Shamima Begum wins in Court of Appeal
Begum v Special Immigration Appeals Commission (SIAC) [2020] EWCA Civ 918 (16 July 2020) The Court of Appeal has unanimously held that the only way Ms Shamima Begum, who left the UK for Syria aged only 15 along with her … Continue reading
MLA without death penalty assurance breaches the DPA
Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 (25 March 2020) This judgment his about a number of things. It is about mutual legal assistance (MLA), it is about the Islamic State in Iraq and Syria/Levant … Continue reading
Tortured Tamil refugee wins in Court of Appeal
RS (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1796 (28 October 2019) The Court of Appeal has held that RS, a Sri Lankan national, who had been detained and tortured by Sri Lankan authorities … Continue reading
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
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
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
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
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
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
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