Home Office to hold on evicting asylum seekers during lockdown – The Guardian

‘The Home Office will stop evicting asylum seekers from government accommodation for the next three months while the UK remains in coronavirus lockdown, the British Red Cross has said.’

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The Guardian, 28th March 2020

Source: www.theguardian.com

Article 8: Test for Family Life arising out of Foster Care is no different to that of “Birth Families” – UK Human Rights Blog

‘On 12 March 2020 a unanimous Court of Appeal led by Sir Ernest Ryder (Senior President of the Tribunals), together with Lord Justice Bean and Lady Justice King, allowed the Appellant’s appeal against the First tier Tribunal (“FtT”) and Upper Tribunal (“UT”)’s decisions upholding the refusal of his application for leave to remain.’

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UK Human Rights Blog, 24th March 2020

Source: ukhumanrightsblog.com

New Judgment: MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9 – UKSC Blog

‘MS’ application for asylum was rejected in August 2013 and the Secretary of State decided to remove MS from the UK. Appealing this decision to the FTT, on human rights grounds, the FTT had found that MS had been under compulsion and control but nonetheless dismissed the appeal. The UT then re-made the decision in view of errors of law by the FTT, finding in favour of MS. The UT observed that the decision of the National Referral Mechanism could only be challenged by judicial review proceedings, not through the immigration appeals system. However, the UT also held that if an NRM decision was perverse or otherwise contrary to some public law ground, the UT could make its own decision as to whether an individual was a victim of trafficking. Otherwise, the decision to remove him would be contrary to the European Convention on Action against Trafficking in Human Beings (‘ECAT’) and the European Convention on Human Rights (‘ECHR’).’

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UKSC Blog, 18th March 2020

Source: ukscblog.com

Asylum, Iran and “genuine conversion”: PS (Christianity – risk) – Law & Religion UK

Posted February 27th, 2020 in asylum, Christianity, Iran, Islam, news, religious discrimination by tracey

‘What is “genuine conversion” to Christianity for the purposes of an asylum claim by a fugitive from Iran? In PS (Christianity – risk) Iran CG [2020] UKUT 46 (IAC), the Immigration and Asylum Chamber of the Upper Tribunal considered the current Country Guidance on asylum-seekers from Iran in the light of two questions: whether the situation in Iran for “ordinary” converts to Christianity had changed since the decision in SZ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT 00082; and whether there was a real risk of persecution for persons who had engaged in Christian activities abroad, regardless of whether or not they held a genuine religious belief in Christianity.’

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Law & Religion UK, 27th February 2020

Source: www.lawandreligionuk.com

Potential modern slavery victims among dozens facing imminent removal on charter flight to Pakistan – The Independent

Posted February 27th, 2020 in asylum, deportation, news, torture, trafficking in human beings by tracey

‘Asylum seekers thought to be victims of torture are set to be forcibly removed to Pakistan on the third charter flight to leave the UK in three weeks, The Independent can reveal.’

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The Independent, 26th February 2020

Source: www.independent.co.uk

‘How do I convince the Home Office I’m a lesbian?’ – BBC News

‘More than 1,500 people seek asylum in the UK on sexuality grounds every year.

The Home Office’s decision on whether to grant or refuse it depends on whether the interviewer finds the asylum-seeker’s account authentic and believable – but each interviewer may have his or her own assumptions about what an authentic and believable account should look like.’

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BBC News, 26th February 2020

Source: www.bbc.co.uk

Home Office to deport vulnerable asylum seekers – The Guardian

Posted February 20th, 2020 in asylum, deportation, news, trafficking in human beings by sally

‘The Home Office is planning to deport vulnerable asylum seekers and suspected victims of trafficking on a new charter flight on Thursday, the Guardian has learned.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

What is “persecution” under the Refugee Convention? – Richmond Chambers

Posted February 6th, 2020 in asylum, chambers articles, news, refugees by sally

‘In order to fall within the definition of a refugee for the purposes of the Convention, a person must show a well founded fear of ‘persecution’ for reasons of race, religion, nationality, political opinion or membership of a particular social group. The UNHCR Handbook notes at paragraph 51 that there is ‘no universally accepted definition of “persecution” and various attempts to formulate such a definition have met with little success’. Persecution has been defined in general terms in R v Immigration Appeal Tribunal, ex p Jonah [1985] Imm AR 7, where Nolan J adopted the two dictionary definitions of the word: ‘to pursue, hunt, drive’ and ‘to pursue with malignancy or injurious action; especially to oppress for holding a heretical opinion or belief’. This post will examine the legal parameters of persecution.’

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Richmond Chambers, 31st January 2020

Source: immigrationbarrister.co.uk

MP launches new legal bid to allow asylum seekers to work after six months – The Independent

Posted February 5th, 2020 in asylum, bills, delay, immigration, news, time limits by tracey

‘Asylum seekers who have waited more than six months for a decision on their claim would be given the right to work under a new bill brought forward in parliament.’

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The Independent, 5th February 2020

Source: www.independent.co.uk

‘I wanted to forget the past – but I couldn’t’: How modern slavery victim was left in limbo for five years by Home Office – The Independent

‘He arrived in the UK nearly a decade ago after an “uncle” – the term he uses for older men of his nationality – helped him escape the violence, labour exploitation and sexual abuse he was subjected to for most of his childhood. He has since been saved from his exploiters, but faced a different challenge – the battle for protection from the Home Office.’

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The Independent, 4th February 2020

Source: www.independent.co.uk

Abbreviated age assessment of Afghan national carried out by council was unlawful, High Court rules – Local Government Lawyer

Posted January 27th, 2020 in Afghanistan, asylum, children, codes of practice, immigration, local government, news by sally

‘A council’s assessment of an Afghan national’s age, based on his physical appearance and demeanour, was unlawful because the abbreviated assessment undertaken failed to adequately acknowledge the potential margin for error and give him the corresponding benefit of the doubt, a High Court judge has found.’

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Local Government Lawyer, 24th January 2020

Source: www.localgovernmentlawyer.co.uk

Government loses child refugee vote in string of Lords defeats – The Guardian

‘The government has suffered five defeats on its Brexit deal in the space of 24 hours in the House of Lords, with the heaviest defeat in a vote to restore the right of unaccompanied child refugees to be reunited with their families in the UK after Brexit.’

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The Guardian, 21st January 2020

Source: www.theguardian.com

Brexit: What You Need To Know On Unaccompanied Child Refugee Rights – Each Other

Posted January 15th, 2020 in asylum, bills, brexit, children, EC law, families, news, refugees by sally

‘The latest version of Withdrawal Agreement Bill (WAB) – which will write prime minister Boris Johnson’s Brexit deal into law – is being debated in the House of Lords this week.’

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Each Other, 14th January 2020

Source: eachother.org.uk

Congolese torture survivor gets Home Office reprieve – The Guardian

Posted January 15th, 2020 in asylum, deportation, government departments, immigration, news, torture, whistleblowers by sally

‘A torture survivor from Democratic Republic of Congo (DRC) is celebrating after a Home Office U-turn allowed him to stay in the UK.’

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The Guardian, 15th January 2020

Source: www.theguardian.com

Home Office faces legal cases over Zimbabwean asylum seekers – The Guardian

‘The Home Office faces a series of legal challenges over its decision to allow Zimbabwean government officials to interview people from the country who are seeking asylum in the UK.’

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The Guardian, 5th January 2020

Source: www.theguardian.com

10 cases that defined 2019 – UK Human Rights Blog

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

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UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Supreme Court holds that Dublin III Detention between January 2014 and March 2017 was unlawful – Garden Court Chambers

‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’

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Garden Court Chambers, 27th November 2019

Source: www.gardencourtchambers.co.uk

Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful – UK Human Rights Blog

‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’

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UK Human Rights Blog, 3rd December 2019

Source: ukhumanrightsblog.com

‘I still suffer trauma’: Home Office’s unlawful detentions – case study – The Guardian

‘Mohamed, an asylum seeker from Sudan, tells how he has been imprisoned many times since arriving in Britain in 2012.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

New Judgment: R (Hemmati & Ors) (AP) v Secretary of State for the Home Department [2019] UKSC 56 – UKSC Blog

‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com