Tag Archives: Asylum

Risk of FGM: A child’s welfare is paramount in the family court 

A (A Child) [2020] EWCA Civ 731 (15 June 2020)  Ryder, King and Hickinbottom LJJ have affirmed the decision of Sir Andrew McFarlane P [2019] EWHC 2475 (Fam) by holding that when a family court considers an application for a female … Continue reading

Posted in Africa, Asylum, Cases, Children, Court of Appeal, Family Court, Female Genital Mutilation, Immigration Rules, Proportionality, s 55 BCIA, Tribunals | Tagged , , , , , , | Leave a comment

Court of Appeal interprets section 117D(2) of the NIAA 2002

Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Ors [2020] EWCA Civ 717 (05 June 2020) The Court of Appeal has held that when determining whether a person had been convicted of an offence … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, Deportation, ECHR, Immigration Act 2014, Judicial Review, Settlement, Tribunals, UKSC | Tagged , , , , , , , | Leave a 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

False imprisonment: Supreme Court overrules Draga

DN (Rwanda), R (on the application of) v Secretary of State for the Home Department [2020] UKSC 7 (26 February 2020)  In this important judgment, the Supreme Court overturned the Court of Appeal’s decision in Draga [2012] EWCA Civ 842 … Continue reading

Posted in Access to Justice, Africa, Appeals, Article 5, Asylum, Deportation, Detention, ECHR, Enforcement, Judicial Review, Public Interest, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

‘Black British’: Nigerian criminal wins in Court of Appeal 

CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027 (22 November 2019)  The Court of Appeal allowed a Nigerian criminal’s appeal after considering the scope and proper application of “Exception 1” to deportation set … Continue reading

Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, Culture, Deportation, ECHR, Families, Human Rights Act, Immigration Rules, Nigeria, Permanent Residence, Tribunals, UKSC, Windrush | Tagged , , , , , , , | Leave a comment

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

Posted in Appeals, Article 3, Asylum, Court of Appeal, Politics, Sri Lanka, Terrorism | Tagged , , , , , | Leave a comment

Algerian father of five British children loses deportation battle 

OH (Algeria) v The Secretary of State for the Home Department [2019] EWCA Civ 1763 (24 October 2019)  The Court of Appeal has held that in considering a challenge to the deportation of a foreign national offender under section 117C of … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Immigration Rules | Tagged , , , , , , , , , | Leave a comment

Court of Appeal: Article 8 assessments are fact intensive 

GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 (04 October 2019) GM arrived in the UK from Sri Lanka as a student in 2010 and in August 2012 she married another Sri Lankan … Continue reading

Posted in Appeals, Article 8, Asylum, Children, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Proportionality, Public Interest, Removals, Settlement, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

The situation in Sudan remains volatile 

AAR & AA (Non-Arab Darfuris – return) Sudan [2019] UKUT 282 (IAC) (7 August 2019) These appeals concerned the question whether the guidance given in AA (non-Arab Darfuris – relocation) Sudan CG [2009] UKAIT 00056 and MM (Darfuris) Sudan CG … Continue reading

Posted in Article 3, Asylum, Refugee Convention, Sudan | Tagged , | Leave a comment

Does EIG satisfy Dublin III on detaining asylum seekers? 

In Hemmati & Ors [2018] EWCA Civ 2122, the Court of Appeal held by a majority that the detention of five asylum seekers pending removal to other Member States had been unlawful because neither the Enforcement Instructions and Guidance Chapter 55 … Continue reading

Posted in Article 5, Asylum, CFR, CJEU, Court of Appeal, Detention, ECHR, European Union, Judicial Review, Lady Hale, UKSC | 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 Ugandan woman’s appeal against the refusal of … 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

Stranded Sri Lankan father wins on Article 8 in Court of Appeal 

UT (Sri Lanka) v The Secretary of State for the Home Department [2019] EWCA Civ 1095 (26 June 2019) Floyd and Coulson LJJ have provided an outline of the proper approach that the Upper Tribunal should take as regards immigration … Continue reading

Posted in Article 8, Children, Court of Appeal, ECHR, Entry Clearance, False Statements and Misrepresentations, Families, Immigration Rules, Lady Hale, Proportionality, Public Interest, Settlement, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

Upper Tribunal’s view of ‘unduly harsh’ and ‘very compelling circumstances’ tests in section 117C after KO (Nigeria)

In RA (section 117C: “unduly harsh”: offence: seriousness) Iraq [2019] UKUT 123 (IAC) together with MS (section 117C(6): “very compelling circumstances”) Philippines [2019] UKUT 122 (IAC) which were heard consecutively, the Upper Tribunal considered how section 117C (article 8: additional considerations in cases … Continue reading

Posted in Article 8, Asylum, Children, Court of Appeal, Deportation, ECHR, Families, Immigration Act 2014, Immigration Rules, Iraq, Precariousness, Proportionality, Public Interest, Settlement, Spouses, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Second human rights claim does not automatically trigger right of appeal says Supreme Court

Robinson (formerly JR (Jamaica)) v Secretary of State for the Home Department [2019] UKSC 11 (13 March 2019) In this judgment concerning appeal rights, the Supreme Court unanimously dismissed a Jamaican national’s appeal but it took the opportunity to express serious … Continue reading

Posted in Article 8, Asylum, Court of Appeal, Deportation, ECHR, Human Rights, Immigration Act 2014, Immigration Rules, Public Interest, Tribunals, UKSC | 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

‘Standoff’ in enforcement: Once given, an oral decision stands

PAA (First-tier Tribunal: Oral decision – written reasons) [2019] UKUT 13 (IAC) (10 January 2019) Arguably, nothing is more exhilarating in tribunal proceedings than a judge allowing your client’s appeal in an oral decision by uttering “I will allow this appeal”. But … Continue reading

Posted in Appeals, Asylum, Children, Enforcement, Inherent Jurisdiction, Iraq, Judicial Review, Legitimate Expectation, Tribunals | Tagged , , , | Leave a 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

Court of Appeal holds that a ‘rolling review’ is acceptable

R (Spahiu) v Secretary of State for the Home Department [2018] EWCA Civ 2604 (28 November 2018) Adding to the vast expanse of technical judicial review litigation, this judgment concerns a protracted dispute between a failed asylum-seeker and the Home … Continue reading

Posted in Article 8, Asylum, Court of Appeal, Culture, ECHR, Judicial Review, Removals, Tribunals | Tagged , , , , , , | Leave a 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