Tag Archives: ECHR

‘Messy’ Article 3 and the ‘Obscure Policy of Mercy’

SJ v BELGIUM 70055/10, Judgment (Struck out of the List), (Grand Chamber), 19/03/2015 When she was eight months pregnant, SJ (a Nigerian national born in 1989) claimed asylum in Belgium in July 2007. She contended that she had fled Nigeria because … Continue reading

Posted in Article 3, Article 8, Asylum, Belgium, CFR, CJEU, Court of Appeal, ECHR | Tagged , , , , | Leave a comment

Under Zoumbas, Tribunal Cases Can’t Contradict Nagre

Javed & Ors v Secretary of State for the Home Department [2015] EWHC 390 (Admin) (20 February 2015) This judicial review claim concerned a six member Pakistani family. Together with his wife, two sons and two daughters, Mr Javed arrived … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Pakistan | Tagged , , , , | Leave a comment

JB (Jamaica): Is Jamaica Safe For Homosexuals?

JB (Jamaica) Case ID UKSC 2013/0162 concerns the persecution of gay people and throws up the thorny question whether the Secretary of State for the Home Department (SSHD) is entitled by section 94(5) of the Nationality, Immigration and Asylum Act … Continue reading

Posted in Article 3, Asylum, Homophobia, Jamaica, Pakistan, Persecution | Tagged , , , , | 3 Comments

Case Note: Tarakhel v Switzerland

TARAKHEL v. SWITZERLAND – 29217/12 – Grand Chamber Judgment [2014] ECHR 1185 (04 November 2014) Abjectly neglected but strategically vital, war-torn Afghanistan’s festering wounds are unlikely to heal anytime soon. When my friend John and I recently met the Afghan … Continue reading

Posted in Afghan War, Article 3, Article 8, Asylum, CFR, Children, CJEU, Council of Europe, Pakistan | Tagged , , , , , , | Leave a comment

UK Removal System Complies With ECHR

R (FI) v Secretary of State for the Home Department [2014] EWCA Civ 1272 (09 October 2014) Jimmy Mubenga’s tragic death – caused by asphyxia because he was being manhandled by detention custody officers on an aircraft prior to its … Continue reading

Posted in Article 2, Article 3, Deportation, ECHR, Enforcement, Removals | Tagged , , , , | Leave a comment

Guidance on Deportation and Family Proceedings

Mohammed (Family Court proceedings-outcome) [2014] UKUT 419 (IAC) (5 September 2014) Concerned with the interaction between family and deportation proceedings, this case involved Chalachew Mohammed (C), an Ethiopian national, who appealed the First-tier Tribunal (FtT) panel’s dismissal of his appeal … Continue reading

Posted in Article 8, Automatic Deportation, Children, Ethiopia, Families, Immigration Act 2014 | Tagged , , , | 1 Comment

Upper Tribunal Gives Judicial Review Warning

Okondu & Anor, R (on the application of) v Secretary of State for the Home Department (wasted costs; SRA referrals; Hamid) IJR [2014] UKUT 377 (IAC) (20 August 2014) With more than a thousand claims being filed very month, the … Continue reading

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