Tag Archives: Asylum

Serious Breaches of Duties of Procedural Fairness and Candour by Home Office in Calais Children’s Cases

R (Citizens UK) v Secretary of State for the Home Department [2018] EWCA Civ 1812 (31 July 2018) These proceedings concerned Citizens UK’s appeal against Soole J’s decision that the expedited process adopted by the Home Office to assess the … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, David Bolt, ECHR, Entry Clearance, European Union, Human Rights Act, Judicial Review, Rule of law | Tagged , , , , , , , , | 1 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

Restricted Leave: Only Rare Cases are Suitable for Settlement

Babar v Secretary of State for the Home Department [2018] EWCA Civ 329 (01 March 2018) Tanvir Babar used to be a Pakistani policeman. He worked in law enforcement for 17 years and was in charge of a squad of … Continue reading

Posted in Appendix FM, Article 3, Article 8, Asylum, ECHR, False Statements, Immigration Rules, Integration, Pakistan, Proportionality, Public Interest, Refugee Convention, RLR, Settlement | Tagged , , , , , , , , , | Leave a 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

Seven Year Rule: ‘Powerful Reasons’ Approach Confirmed

MT & ET (Child’s Best Interests: Ex Tempore Pilot) Nigeria [2018] UKUT 88(IAC) (1 February 2018) The president Peter Lane J has reconfirmed Elias LJ’s doctrine in MA (Pakistan) & Ors [2016] EWCA Civ 705 (see here) that “powerful reasons” are … Continue reading

Posted in Article 3, Article 8, Asylum, Children, ECHR, Judges, Nigeria, Proportionality, Students, Tribunals, UKSC, Women | Tagged , , , , , , , | 1 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