SRA investigating nine criminal law firms over failures in advice to asylum seekers – Legal Futures

‘The Solicitors Regulation Authority (SRA) is investigating nine criminal law firms over failures in advice to asylum seekers, it has emerged.’

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Legal Futures, 26th August 2014

Source: www.legalfutures.co.uk

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PJ (Sri Lanka) v Secretary of State for the Home Department – WLR Daily

Posted July 23rd, 2014 in asylum, documents, forgery, law reports, legal profession, Sri Lanka by michael

PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011;  [2014] WLR (D)  329

‘When local lawyers obtained relevant documents from a domestic court in relation to an asylum claim and thereafter transmitted them directly to lawyers in the United Kingdom, there was no basis in domestic or European Court of Human Rights jurisprudence for the general approach that there was a rebuttable presumption that documents so obtained were reliable, with the presumption capable of being displaced by evidence or submissions from the Home Secretary. Rather the jurisprudence did no more than indicate that the circumstances of particular cases might exceptionally necessitate an element of investigation by the national authorities in order to provide effective protection against mistreatment, although such a step would frequently not be feasible or it might be unjustified or disproportionate.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

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Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening); [2014] EWHC 2245 (Admin); [2014] WLR (D) 310

‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

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Immigration: Serious failings within Government system carry ‘high risk of unfairness’ for asylum seekers, says High Court judge – The Independent

Posted July 9th, 2014 in asylum, government departments, immigration, news by sally

‘A High Court judge has ruled that a system for fast-tracking asylum claims has “serious failings” and is being operated unlawfully by the Government.’

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The Independent, 9th July 2014

Source: www.independent.co.uk

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France’s ban on religious clothing in schools did not prevent removal of asylum seeker there under Dublin Regulation – UK Human Rights Blog

‘France is a country which observes its Convention obligations therefore it is not in breach of Article 3 or any other of the Convention’s provisions to return an asylum seeker thence under the Dublin Regulation, since that system provides that once a Member State has “taken charge” of an application for asylum (as France has in this case) it has exclusive responsibility for processing and determining the claim for asylum. The prohibition on religious clothing in public schools in France did not disclose a threat to the second appellant’s Convention rights.’

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UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

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Yarl’s Wood: deported asylum seekers to give evidence to parliament – The Guardian

‘Deported asylum seekers who have made allegations of inappropriate sexual behaviour by staff at the Yarl’s Wood detention centre are to be called before an ongoing parliamentary inquiry.’

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The Guardian, 28th June 2014

Source: www.guardian.co.uk

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Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening); [2014] EWCA Civ 854; [2014] WLR (D) 281 – WLR Daily

Posted June 27th, 2014 in asylum, EC law, human rights, Islam, law reports, religious discrimination by tracey

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening): [2014] EWCA Civ 854; [2014] WLR (D) 281

‘The removal of a female Muslim claimant of school age to France, where she had first claimed asylum and which had accepted responsibility for that claim, did not breach her Convention rights to a private and family life and freedom of religion by reason of a French law prohibiting the wearing of religious symbols and clothing in state schools.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

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MP (Sri Lanka) v Secretary of State for the Home Department (Tamils against Genocide intervening): NT (Sri Lanka) v Same – WLR Daily

Posted June 20th, 2014 in asylum, law reports, refugees, Sri Lanka by tracey

MP (Sri Lanka) v Secretary of State for the Home Department (Tamils against Genocide intervening): NT (Sri Lanka) v Same: [2014] EWCA Civ 829; [2014] WLR (D) 268

‘When formulating country guidance for Sri Lanka in relation to individuals likely to be in need of international refugee protection the Upper Tribunal had been justified in departing from the more generous UNHCR Guidelines in setting out what the risk categories were.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

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Regina v Bina – WLR Daily

Regina v Bina [2014] WLR (D) 251

‘There was no limitation by which the offence of assisting unlawful immigration, contrary to section 25(1) of the Immigration Act 1971, was inapplicable in relation to asylum seekers. Further, section 25(3) of that Act was permissive only, so that a matter of foreign law might be proved by methods such as expert evidence or admission as well as by a government-issued certificate as set out in section 25(3).’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

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Afusat Saliu and children ‘deported to Nigeria’ – BBC News

‘A woman who fought to stay in the UK over fears her daughters could face female genital mutilation in Nigeria has been deported, her lawyer has said.’

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BBC News, 4th June 2014

Source: www.bbc.co.uk

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Judge prevents Theresa May sending asylum-seeker back to lawless Somalia – The Independent

Posted June 3rd, 2014 in appeals, asylum, deportation, immigration, injunctions, news, tribunals by sally

‘The Home Secretary, Theresa May, has been accused of acting unlawfully by forcing the removal of failed Somali asylum-seekers to Mogadishu where they fear they will be murdered by Islamic militants. In what is being seen as a test case affecting thousands of Somalis in Britain, a judge has granted an injunction at the last minute halting the removal of a 23-year-old man, identified only as Abdullah, who was due to be flown back to Mogadishu on Tuesday.’

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The Independent, 3rd June 2014

Source: www.independent.co.uk

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MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same – WLR Daily

MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same [2014] UKSC 30;  [2014] WLR (D)  227

‘A tribunal conducting asylum proceedings could admit, as expert evidence, a report by an organisation based on a telephone interview with an asylum claimant in which its analysts commented on the likelihood of that person originating from his claimed place of origin, based on the person’s dialect and answers to questions about the area in question, even though the report was in the name of the organisation rather than an individual and those contributing to it were identified only by serial numbers. However it was necessary for the tribunal in each particular case to be satisfied that the anonymity was necessary, with safeguards for the claimant in place, and that the authors of the report had demonstrated that they had relevant expertise for each matter on which they had commented.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

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Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) – Supreme Court

Posted May 28th, 2014 in asylum, evidence, expert witnesses, law reports by sally

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) [2014] UKSC 30 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

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Home Office criticised for holding child asylum seekers in ‘stuffy and overcrowded’ conditions at Heathrow – The Independent

Posted May 22nd, 2014 in airports, asylum, children, detention, immigration, news, reports by sally

‘Child asylum seekers are being held in “disgraceful” conditions at Heathrow Airport, where they are often forced to sleep overnight in cramped rooms, a report published today warns.’

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The Independent, 22nd May 2014

Source: www.independent.co.uk

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Palestinian asylum seeker to be deported for ‘appalling crime history’ – Daily Telegraph

Posted May 6th, 2014 in asylum, deportation, drug trafficking, news, recidivists by tracey

‘A convicted Palestinian drug dealer is finally being thrown out of Britain after using the Human Rights Act to remain in the UK for an eight-year crime spree.’

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Daily Telegraph, 6th May 2014

Source: www.telegraph.co.uk

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Nigerian woman fearing daughters’ FGM wins reprieve on deportation – The Guardian

‘A woman has won a temporary reprieve in her fight against being deported to her native Nigeria where she says her children face being subjected to female genital mutilation.’

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The Guardian, 25th April 2014

Source: www.guardian.co.uk

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Regina (Refugee Action) v Secretary of State for the Home Department – WLR Daily

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by tracey

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin);   [2014] WLR (D)  167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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JA (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted April 14th, 2014 in appeals, asylum, evidence, immigration, law reports, tribunals by sally

JA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 450; [2014] WLR (D) 163

‘Although a tribunal adjudicating on an asylum appeal did not have power, in the absence of express statutory provision, to exclude relevant evidence in the form of records of the asylum applicant’s interviews, it was required by the common law principle of fairness to consider with care how much weight should be attached to such evidence, having regard to the circumstances in which it came into existence, and the extent to which reliance could properly be placed on the applicant’s answers.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Asylum-seeker subsistence payments defeat for government in high court – The Guardian

Posted April 10th, 2014 in asylum, benefits, costs, news, social security by sally

‘The home secretary, Theresa May, has been ordered to review the level of benefits paid to asylum seekers after the high court ruled that she acted unlawfully in freezing essential living needs payments.’

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The Guardian, 9th April 2014

Source: www.guardian.co.uk

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Student Yashika Bageerathi removed from UK as legal bid fails – BBC News

Posted April 3rd, 2014 in appeals, asylum, deportation, education, immigration, news by tracey

‘An A-Level student from north London has been removed from the country and is being flown back to Mauritius after a last ditch legal challenge failed.’

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BBC News, 2nd April 2014

Source: www.bbc.co.uk

 

 

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