Gay asylum seekers feeling increased pressure to prove sexuality, say experts – The Guardian

Posted February 4th, 2013 in asylum, evidence, homosexuality, human rights, immigration, news by tracey

“Gay asylum seekers are increasingly going to extreme lengths to meet immigration officials’ demands that they prove their sexual identity or else be returned to countries where they face persecution.”

Full story

The Guardian, 3rd February 2013

Source: www.guardian.co.uk

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

Posted January 23rd, 2013 in asylum, civil justice, human rights, immigration, Italy, law reports by sally

Regina (Bushara) v Secretary of State for the Home Department [2012] EWHC 3483 (Admin); [2013] WLR (D) 16

“In assessing whether an individual would be at risk on return to a member state, the fact that the receiving state was itself bound by the same Conventions and Community law as the sending state was to be regarded as obviating the risk unless there was a systemic failure in the receiving state. Unless there had been such a failure, the person was adequately protected: he had his rights against the receiving government and, if necessary, the possibility of recourse to the European Court of Human Rights from the receiving country.”

WLR Daily, 16th January 2013

Source: www.iclr.co.uk

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

Fee remissions in the First-tier Tribunal (Immigration and Asylum Chamber) – Ministry of Justice

Posted December 19th, 2012 in asylum, consultations, immigration, legal aid, news by sally

“The consultation is aimed at anyone who has an interest in immigration, asylum and nationality matters or who would be affected by the removal of legal aid for most non-detention immigration appeals when the relevant provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force in April 2013.”

Full story

Ministry of Justice, 18th December 2012

Source: www.justice.gov.uk

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.”

Full story

The Guardian, 11th December 2012

Source: www.guardian.co.uk

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

Regina v Jaddi – WLR Daily

Posted November 28th, 2012 in appeals, asylum, fraud, law reports, possession of false identity documents by sally

Regina v Jaddi [2012] WLR (D) 347

“Where the questions of whether an asylum seeker had come to the United Kingdom directly from a country where his life had been threatened after staying in Italy for a few days and whether he had made a claim for asylum as soon as reasonably practicable in the United Kingdom had not been fully investigated by immigration control after false identity documents were presented, the defence under section 31 of the Immigration and Asylum Act 1999 should have been made available to him and the facts were for the jury to decide.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Independent Chief Inspector’s report on legacy casework – UK Border Agency

Posted November 22nd, 2012 in asylum, case management, delay, immigration, reports by tracey

“Today the Independent Chief Inspector of Borders and Immigration, John Vine, published his report on the Handling of Legacy Asylum and Migration Cases.”

Full report

UK Border Agency, 22nd November 2012

Source: www.ukba.homeoffice.gov.uk

Qatada associate will stay in UK, court signals – Daily Telegraph

Posted November 22nd, 2012 in asylum, deportation, news, Supreme Court, terrorism, torture by tracey

“An Islamic fanatic linked with Abu Qatada will stay in the UK even though the Supreme Court has ruled he should not be granted asylum.”

Full story

Daily Telegraph, 21st November 2012

Source: www.telegraph.co.uk

Border Agency condemned over asylum and immigration backlog – The Guardian

Posted November 22nd, 2012 in asylum, case management, delay, immigration, news, reports by tracey

“Senior UK Border Agency officials have been accused of misleading parliament after a damning report said they wrongly claimed they had dealt with a backlog of asylum and immigration claims – and that at one point more than 100,000 items of post about such cases remained unopened.”

Full story

The Guardian, 22nd November 2012

Source: www.guardian.co.uk

Asylum lawyers warned over disclosure – BBC News

Posted November 19th, 2012 in asylum, disclosure, injunctions, law firms, news, professional conduct by sally

“Lawyers could be disciplined for not disclosing ‘all material facts’ in legal bids to halt removal of asylum seekers, a senior judge has said.”

Full story

BBC News, 19th November 2012

Source: www.bbc.co.uk

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same – WLR Daily

Posted November 13th, 2012 in appeals, asylum, children, EC law, law reports, local government by sally

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same [2012] EWCA Civ 1432; [2012] WLR (D) 316

“Where an unaccompanied young person claimed asylum in the United Kingdom and applied to a local authority for the provision of services as a child in need under section 20 of the Children Act 1989, to determine whether that claimant was a child separate assessments were required for immigration purposes and for services from a local authority. The local authority was not bound by the finding of the Home Secretary as to the age of the claimant either under domestic or EU law.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

K v Bundesasylamt – WLR daily

Posted November 9th, 2012 in asylum, EC law, families, immigration, law reports by tracey

K v Bundesasylamt: Case C-245/11;   [2012] WLR (D)  309

“On the proper construction of article 15(2) of Council Regulation (EC) No 343/2003 of 18 February 2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third country national), a member state which was not responsible for examining an application for asylum pursuant to the criteria laid down in Chapter III of the Regulation became so responsible where there were humanitarian grounds for the application. In those circumstances, it was for the member state which had become the responsible member state to assume the obligations which went along with that responsibility and inform the member state previously responsible.”

WLR Daily, 6th November 2012

Source: www.iclr.co.uk

Asylum seekers continue to be stigmatised by the British press – The Guardian

Posted November 1st, 2012 in asylum, complaints, immigration, media, news by sally

“‘Soft-touch Britain: the asylum capital of Europe’; ‘Refugees made our lives hell too, say neighbours’; and “DNA test for bogus refugees scrapped as expensive flop”. All are headlines that have appeared recently in the UK press, despite it now being almost a decade since the Press Complaints Commission first heard from charities on why coverage like this should stop. And despite it now being almost a decade since the PCC issued guidance to address what it agreed was widespread inaccurate reporting.”

Full story

The Guardian, 31st October 2012

Source: www.guardian.co.uk

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

Cimade v Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration – WLR Daily

Posted October 11th, 2012 in asylum, EC law, immigration, law reports by sally

Cimade v Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration
(Case C-179/11); [2012] WLR (D) 268

“A member state in receipt of an application for asylum was obliged to grant the minimum conditions for reception of asylum seekers laid down in Directive 2003/9/EC even where it decided, under Council Regulation (EC) No 343/2003, to call upon another member state, as the member state responsible for examining the application for asylum, to take charge of or take back that applicant. This obligation ceased when that same applicant was actually transferred by the requesting member state, and the financial burden of granting those minimum conditions was to be assumed by that requesting member state, which was subject to that obligation.”

WLR Daily, 27th September 2012

Source: www.iclr.co.uk

Back in the spotlight: the detention of mentally ill asylum seekers – UK Human Rights Blog

“The High Court has ruled that the failure to consider the continued detention of a mentally ill failed asylum seeker in accordance with immigration policy rendered his detention unlawful in part.”

Full story

UK Human Rights Blog, 9th October 2012

Source: www.ukhumanrightsblog.com

Julian Assange: Bail cash decision delayed – BBC News

Posted October 4th, 2012 in asylum, bail, news, surety by sally

“Supporters of Wikileaks founder Julian Assange face a wait to see if they will be asked to forfeit £140,000 of bail sureties after he sought asylum.”

Full story

BBC News, 3rd October 2012

Source: www.bbc.co.uk

UK asylum process for children labelled ‘traumatic’ – BBC News

Posted September 21st, 2012 in asylum, children, immigration, news by tracey

“Children who come to the UK alone to seek asylum find the experience confusing, stressful and traumatic, a report suggests.”

Full story

BBC News, 21st September 2012

Source: www.bbc.co.uk

Tamils to be deported despite clear torture evidence – The Guardian

Posted September 14th, 2012 in asylum, deportation, news, Sri Lanka, torture by tracey

“The UK is to go ahead with a mass removal of Tamils to Sri Lanka next week despite mounting evidence from human rights group that many of them could be tortured on their return.”

Full story

The Guardian, 14th September 2012

Source: www.guardian.co.uk