Exceptional cases: High Court widens scope of LASPO and declares guidance unlawful – Legal Aid Handbook

‘The High Court recently gave judgement in Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin).’

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Legal Aid Handbook, 1st July 2014

Source: www.legalaidhandbook.com

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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 (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same – WLR Daily

Posted February 25th, 2014 in appeals, asylum, EC law, human rights, international law, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same [2014] UKSC 12; [2014] WLR (D) 89

‘A presumption that members of an alliance of states such as those which comprised the European Union would comply with their international obligations in regard to refugee protection did not extinguish the need to examine whether in fact those obligations would be fulfilled when evidence was presented that it was unlikely that they would be. The removal of a person from a member state of the European Union was forbidden if it were shown that there was a real risk that the person removed would suffer inhuman or degrading treatment in violation of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It did not need to be shown that the source of that risk was a systemic deficiency in the asylum and reception procedures of the state to which the person was being removed.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

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IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted January 31st, 2014 in asylum, burden of proof, law reports, refugees, Scotland, treaties, United Nations by sally

IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2014] UKSC 6; [2014] WLR (D) 36

‘National decision-makers had an independent and autonomous responsibility under the Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) to determine the applications of those who had applied for asylum. An earlier decision of the United Nations High Commissioner for Refugees (“UNHCR”) to grant refugee status was not binding on the national decision-maker, nor did it create any presumption or shift the burden of proof.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

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I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) – Supreme Court

Posted January 30th, 2014 in appeals, asylum, law reports, refugees, Scotland, Supreme Court, treaties, United Nations by sally

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) [2014] UKSC 6 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

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Afghan refugee wins ‘Taliban’ libel case – BBC News

Posted January 30th, 2014 in damages, defamation, media, news, refugees by sally

‘An Afghan refugee granted asylum in the UK has accepted substantial libel damages over a newspaper accused him of being a member of the Taliban.’

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BBC News, 29th January 2014

Source: www.bbc.co.uk

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Mentally unfit refugees unfairly targeted by Home Office – The Guardian

‘The Home Office is covertly targeting the most vulnerable asylum seekers – those considered mentally unfit, or victims of torture – for deportation as part of the government’s hardline stance on immigration, according to lawyers and charity workers.’

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The Guardian, 25th January 2014

Source: www.guardian.co.uk

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Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12) – WLR Daily

Minister voor Immigratie en Asiel v X, Y (Hoog Commissariaat van de Verenigde Naties voor de Vluchtelingen intervening); Z v Minister voor Immigratie en Asiel (Joined Cases C-199/12 to C-201/12);  [2013] WLR (D)  427

“The existence of criminal laws which specifically targeted homosexuals, supported the finding that those persons had to be regarded as forming a ‘particular social group’ within the meaning of Council Directive 2004/83/EC. A term of imprisonment which sanctioned homosexual acts and which was actually applied in the country of origin which adopted such legislation had to be regarded as being a punishment which was disproportionate or discriminatory and thus constituted an act of persecution. When assessing an application for refugee status, the competent authorities could not reasonably expect, in order to avoid the risk of persecution, the applicant for asylum to conceal his homosexuality in his country of origin or to exercise reserve in the expression of his sexual orientation.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

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Syrian refugee jailed in UK for using false papers – The Guardian

“Campaigners say conviction of asylum seeker for using fake papers and similar cases is abuse of immigration law.”

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The Guardian, 24th August 2013

Source: www.guardian.co.uk

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Lawyers of refugees who were wrongly jailed criticised by Appeal Court – The Independent

“The Appeal Court has criticised the lawyers of five refugees who were wrongly jailed for carrying false documents after fleeing their countries under the threat of persecution.”

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The Independent, 30th July 2013

Source: www.independent.co.uk

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Legal aid residency tests ‘will leave migrant children destitute’ – The Guardian

“Abandoned migrant and trafficked children will be left destitute and at risk of exploitation if the government goes ahead with a plan to introduce residency tests to determine whether they qualify for legal aid, child protection experts are warning.”

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The Guardian, 2nd June 2013

Source: www.guardian.co.uk

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Regina v Asmeron – WLR

Posted April 16th, 2013 in appeals, defences, documents, immigration, law reports, refugees by sally

Regina v Asmeron [2013] EWCA Crim 435; [2013] WLR (D) 135

“Where a defendant was charged with an offence of entering the United Kingdom without a passport, contrary to section 2 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, the court could only rule that the defendant’s explanation for so doing was incapable in law of amounting to a good reason or a reasonable excuse if it could properly be said, on the true construction of the Act, that it would be inconsistent with the essential nature and purpose of the offence for the defendant’s explanation to be capable of amounting to a defence. The fact that a defence might be considered hopeless on the merits was not a good reason for a judge to withdraw it from the jury.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

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Doctors ask court to decide whether refugee on hunger strike can be forcibly fed – The Independent

Posted January 18th, 2013 in Court of Protection, news, passports, refugees by tracey

“Doctors have asked a court to decide whether a refugee on hunger strike can be forcibly fed. The man, who cannot be named for legal reasons and is referred to in court documents as ‘A’, went on hunger strike to demand that the UK Border Agency returns his passport.”

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The Independent, 17th January 2013

Source: www.independent.co.uk

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Abed El Karem El Kott and others v Bevándorlási és Állampolgársági Hivatal (ENSZ Menekültügyi Főbiztossága intervening) (Case C-364/11) – WLR Daily

Posted December 21st, 2012 in asylum, EC law, law reports, refugees, United Nations by tracey

Abed El Karem El Kott and others v Bevándorlási és Állampolgársági Hivatal (ENSZ Menekültügyi Főbiztossága intervening): (Case C-364/11); [2012] WLR (D) 390

“On its proper interpretation, article 12(1)(a) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise needed international protection, and the content of the protection granted, the cessation of protection or assistance from organs or agencies of the United Nations other than the High Commission for Refugees ‘for any reason’ included the situation in which a person who, after actually availing himself of such protection or assistance, had ceased to receive it for a reason beyond his control and independent of his volition. Where the competent authorities of the member state responsible for examining the application for asylum established that the condition relating to the cessation of the protection or assistance provided by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) was satisfied, the fact that that person was ipso facto ‘entitled to the benefits of [the] Directive’ meant that that member state must recognise him as a refugee within the meaning of article 2(c) of the Directive and that person must automatically be granted refugee status, provided always that he was not caught by article 12(1)(b) or (2) and (3) of the Directive.”

Source: www.iclr.co.uk

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Chagos Islanders forced into exile left ‘dumbstruck’ by court ruling – The Guardian

Posted December 21st, 2012 in Chagos Islands, human rights, news, refugees by tracey

“Exiled Chagos Islanders living in Britain and Mauritius have said they are ‘dumbstruck’ by a European court ruling that it has no jurisdiction to examine their forced expulsion by the British government in the 1960s”

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The Guardian, 20th December 2012

Source: www.guardian.co.uk

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Model charity: ‘whatever happens, we’ll carry on, but it won’t be easy’ – The Guardian

Posted December 12th, 2012 in asylum, budgets, charities, homelessness, legal aid, news, refugees by sally

“Southampton and Winchester Visitors Group, which supports destitute refugees, may be hit by sweeping legal aid cuts.”

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The Guardian, 11th December 2012

Source: www.guardian.co.uk

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M v Minister for Justice, Equality and Law Reform, Ireland and another – WLR Daily

Posted December 3rd, 2012 in asylum, EC law, judicial review, law reports, refugees by sally

M v Minister for Justice, Equality and Law Reform, Ireland and another (Case C-277/11); [2012] WLR (D) 359

“The co-operation requirement in the second sentence of article 4(1) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, did not require a competent national authority to inform an applicant, whose application for refugee status had already been rejected, of its intention to refuse, and its reasons for refusing, a request for subsidiary protection before adopting such a decision in order to enable the applicant to make known his views in that regard.”

WLR Daily, 22nd December 2012

Source: www.iclr.co.uk

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Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same – WLR Daily

Posted October 24th, 2012 in asylum, human rights, judicial review, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same [2012] EWCA Civ 1336; [2012] WLR (D) 282

“Persons who had sought, or been granted, asylum in Italy but had since come to the United Kingdom could not resist return to Italy on the ground that they faced inhuman or degrading treatment there unless it could be shown that there was a systemic deficiency in the system of refugee protection in that country. Short of such evidence, in respect of which the view of the United Nations High Commissioner for Refugees (‘UNHCR’) was pre-eminent, even powerful evidence of individual risk was of no avail.”

WLR Daily, 17th October 2012

Source: www.iclr.co.uk

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Chagos Refugees Group in the First-Tier Tribunal: some key points – Panopticon

Posted September 25th, 2012 in Chagos Islands, disclosure, human rights, news, refugees, tribunals by sally

“The Chagos Archipelago forms part of the British Indian Ocean Territory (‘BIOT’). In the late 1960s and early 1970s, the inhabitants of the Chagos Islands were required to leave those islands. At or around that time, a US military base was established on Diego Garcia, the largest of the Chagos Islands. The removal of the ‘Chagossians’ has been a matter of considerable political and media debate, as well as complex legal proceedings. Two legal challenges are ongoing: Chagos Islanders v UK before the European Court of Human Rights, and Bancoult (No 3) before the domestic courts.”

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Panopticon, 24th September 2012

Source: www.panopticonblog.com

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Afghan who helped torch car in London riots spared jail due to traumatic childhood – Daily Telegraph

“An Afghan refugee who helped set a police car ablaze in the London riots has been let off because of the violence he saw in his home country.”

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Daily Telegraph, 11th September 2012

Source: www.telegraph.co.uk

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