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UKVI News and Updates- Guidance: Powers and operational procedure: caseworker guidance
- Visit the UK for medical treatment
- Guidance: Criminality guidance in article 8 ECHR cases: caseworker guidance
- Guidance: Prove your English language abilities with a secure English language test (SELT)
- Guidance: Register of licensed sponsors: workers
- Guidance: Register of licensed sponsors: students
- Guidance: Cases involving pending prosecution: caseworker guidance
- Guidance: Returns preparation: caseworker guidance
- Guidance: UKRI endorsement: endorsed funders (Global Talent visa)
- Guidance: UKRI endorsement: employing or hosting institutions (Global Talent visa)
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
- Rwanda deportation law should not apply in Northern Ireland, court rules
- UK politics: government to appeal against ruling that blocks Rwanda deportations in Northern Ireland – as it happened
- Chelsea flower show hosts garden designed to help survivors of torture
- UK universities report drop in international students amid visa doubts
- ‘We had money! It was brilliant!’ Margaret Hodge on Labour governments, life as a migrant and quitting as an MP
- Child refugees using people smugglers to reach family in UK, report warns
- Rishi Sunak: UK is facing some of the most dangerous years in its history
- Starmer has laid out his plan to tackle asylum. Will it actually work? | Sunder Katwala
- ‘If Jacob Rees-Mogg wants to join us’ … Was Natalie Elphicke’s defection a step too far for Labour?
- Home Office faces legal challenge over risk of lone children being sent to Rwanda
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Tag Archives: Persecution
Priti Patel’s pathetic plan to fix the immigration system
The controversial policy statement on the government’s New Plan for Immigration CP 412 (March 2021) claims that “in the year ending September 2019, 62% of UK asylum claims were made by those entering illegally – for example by small boats, … Continue reading
Posted in Asylum, Australia, BN(O), Credibility, Crime, Expert Evidence, HOPOs, Human Trafficking, Immigration Rules, Judicial Review, PBS, Persecution, Refugee Convention, Removals, WCOs
Tagged Asylum, Costs, CP 412, GFR, OSN, OSP, Persecution
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Abduction and asylum: Supreme Court holds child named on parent’s asylum application is protected from refoulement
G v G [2021] UKSC 9 (19 March 2021) The Supreme Court has held that a child named as a dependant on her parent’s asylum claim who could objectively be understood to have made a request for international protection had … Continue reading
Upper Tribunal says gender terminology respecting the chosen identity of claimants must be used
Mx M (gender identity – HJ (Iran) – (terminology) El Salvador [2020] UKUT 313 (IAC) (22 October 2020) In this case involving an appellant who was a national of El Salvador and who considered themselves a homosexual man when living … Continue reading
Removal policy preventing access to justice declared unlawful
R (FB (Afghanistan) & Anor) v Secretary of State for the Home Department [2020] EWCA Civ 1338 (21 October 2020) In a significant judgment, Lord Burnett LCJ and Hickinbottom and Coulson LJJ held that the SSHD’s removal notice window policy … Continue reading
Posted in Access to Justice, Article 2, Article 3, Article 8, Asylum, Court of Appeal, ECHR, Enforcement, Hostile Environment, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Persecution, Politics, Refugee Convention, Removals, Rule of law, UKSC, Windrush
Tagged Article 8, Asylum, Case Law, Court of Appeal, Persecution, Refugee Convention, Removals, Tribunals, UK Supreme Court
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Lahore High Court ruling on forced conversion to Islam
In Nasira v Judicial Magistrate and 5 others Writ Petition No. 45156 of 2019/PLD 2020 Lahore 489, the Lahore High Court granted a petition under Article 199 of the Constitution of Pakistan 1973 by a Christian woman called Nasira where she sought … Continue reading
Posted in Article 9, Asylum, Children, Conversion, ECHR, Families, Foreign law, Guardianship, India, Islam, Lahore High Court, Pakistan, Persecution, Tribunals
Tagged Asylum, Blasphemy, Children, Pakistan, Pakistani Christians, Persecution, Tribunals
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Court of Appeal clarifies asylum bars in child abduction cases
G (A Child: Child Abduction) [2020] EWCA Civ 1185 (15 September 2020) The Court of Appeal has held that Lieven J (the High Court Judge) had been wrong to stay proceedings on the basis that there was a bar to … Continue reading
Posted in Article 8, Asylum, Child Abduction, Children, Court of Appeal, ECHR, Families, Habitual Residence, Hague Convention, High Court, Immigration Rules, International Law, Lady Hale, Pakistan, Refugee Convention, Removals, South Africa, Spouses, UKSC
Tagged Article 8, Asylum, Brexit, Case Law, Children, Court of Appeal, Dependants, ECHR, Pakistan, Persecution, Spouses, UK Supreme Court
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Passports: Foreign law must be proved by expert evidence
Hussein and Another (Status of passports: foreign law) [2020] UKUT 250 (IAC) CMG Ockelton VP has explained that (i) a person who holds a genuine passport, apparently issued to him, and not falsified or altered, has to be regarded as … Continue reading
Posted in Appeals, Article 8, Asylum, Dependants, ECHR, Kenya, Nationality, Refugee Convention, Somalia, Tanzania, Tribunals
Tagged Article 8, Asylum, Expert Evidence, Experts, Kenya, Pakistan, Passports, Persecution, Removals, Tanzania, Tribunals
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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 Asylum, Case Law, Evidence, Expert Evidence, Persecution, Tribunals
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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
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 Asylum, Case Law, Court of Appeal, Persecution, Terrorism, Tribunals
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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 Asylum, Brexit, Court of Appeal, Detention, ECHR, Judicial Review, Persecution, UK Supreme Court
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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 a Ugandan woman’s appeal against the refusal … Continue reading
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 Asylum, Case Law, Court of Appeal, Persecution, Tribunals, UK Supreme Court
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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 Asylum, Case Law, Country Guidance, ECHR, Iran, Persecution, Tribunals
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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 Asylum, British Nationality, Court of Appeal, Criminal Offences, Immigration Rules, Persecution, Refugee Convention, Terrorism, UK Supreme Court
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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
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 Asylum, Case Law, Court of Appeal, ECHR, Persecution, Refugee Convention, Removals, Spouses, Terrorism, Tribunals
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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 Article 8, Asylum, Children, Criminal Offences, ECHR, Immigration Rules, Persecution, Refugee Convention, Spouses, Tribunals
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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 Asylum, Case Law, Court of Appeal, ECHR, European Union, Persecution, Refugee Convention, Removals, UK Supreme Court
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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 Asylum, Court of Appeal, Persecution, Refugee Convention, UK Supreme Court
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