Tag Archives: Refugee Convention

HC 1116 and ‘Abuse’ of Asylum by Syrians

Statement of Changes in Immigration Rules HC 1116 was immediately condemned as “sickening”. Undoubtedly, the formula of a well-founded fear of persecution is wide open to abuse. However, in light of all the carnage that we have witnessed over the … Continue reading

Posted in Asylum, Immigration Rules, Pakistan, Persecution, Syria, Terrorism, Visitors | Tagged , , , | 1 Comment

Asylum and Sexual Orientation: Lost Opportunities in the CJEU

Joined Cases C-148/13 to C-150/13, A, B, C v Staatssecretaris van Veiligheid en Justitie, UNHCR intervening, EU:C:2014:2406 (02 December 2014) As Lord Hope DPSC (as he then was) explained some years ago, the High Contracting Parties to the to the Convention … Continue reading

Posted in Asylum, CFR, CJEU, European Union, Netherlands | Tagged , , , , | 1 Comment

Advocate General Sharpston: Charter Constrains “Verifying” Asylum Claimants’ Sexual Orientation

In her recent Opinion in Joined Cases C-148/13, C149/13 and C-150/13, A, B and C, AG Sharpston agreed with the view that “an individual’s sexual orientation is a complex matter, entwined inseparably with his identity, that falls within the private … Continue reading

Posted in Article 8, Asylum, CFR, CJEU, Proportionality | Tagged , , , | Leave a comment

CJEU on the Qualification Directive, Homosexuality and Persecution

Joined Cases C-199/12, C-200/12, C-201/12, Minister voor Immigratie en Asiel v X, Y and Z v Minister voor Immigratie en Asiel The status of homosexuals is an extremely fascinating aspect of asylum and human rights law. Even in the freedom … Continue reading

Posted in Article 8, Asylum, CFR, CJEU, ECHR, Netherlands | Tagged , , , | Leave a comment

New Syria Country Guidance

KB (Failed asylum seekers and forced returnees) Syria CG UKUT 00426 (IAC) (21 December 2012) Once the beating heart of Arab nationalism, Syria is a country in ruins. After achieving independence in 1946, dozens of constitutions and cabinets came and went … Continue reading

Posted in Article 3, Asylum, Human Rights, Politics | Tagged , , , , , | 2 Comments

Child Asylum Seeker’s Detention Held Unlawful

AAM (A Child) v Secretary of State for the Home Department [2012] EWHC 2567 (QB) (27 September 2012) This case has a lot of faces because the legal issues it raises are quite complex. There is a lot in the … Continue reading

Posted in Asylum, Children, Detention, Human Rights Act, Iran, s 55 BCIA, UKSC | Tagged , , , , | Leave a comment

SK (Zimbabwe): mob violence and exclusion from asylum

SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807, please read judgment.  SK appealed the Upper Tribunal’s decision on the grounds that, on a true interpretation of the Rome Statute, her acts did not amount … Continue reading

Posted in Asylum, Court of Appeal, International Law, Persecution, Zimbabwe | Tagged , , , , , | Leave a comment