Lawcast 219: Carl Gardner on the Assange asylum issues – Charon QC

Posted August 20th, 2012 in asylum, embassies, extradition, podcasts, sexual offences, warrants by sally

“Today I am talking to Carl Gardner, ex government lawyer and author of The Head of Legal blog, about the Assange Asylum issue.”

Podcast

Charon QC, 17th August 2012

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Can police enter an embassy? A guide – The Guardian

Posted August 17th, 2012 in asylum, embassies, extradition, international law, news, police by sally

“The Foreign Office says it can revoke an embassy’s diplomatic status but Ecuador claims this is only if there is a public threat.”

Full story

The Guardian, 16th August 2012

Source: www.guardian.co.uk

Julian Assange: can the UK withdraw diplomatic status from the Ecuadorian embassy? – Head of Legal

Posted August 16th, 2012 in asylum, embassies, extradition, news by sally

“The latest twist in the Julian Assange case, as we await Ecuador’s decision on granting him asylum (a decision which would not, as I’ve written before, in itself allow protection from arrest if he steps outside the embassy), is that people are wondering whether the UK can simply strip the embassy of its diplomatic status, so allowing police officers to enter it.”

Full story

Head of Legal, 15th August 2012

Source: www.headoflegal.com

The triple Olympic detainee – UK Human Rights Blog

Posted August 13th, 2012 in appeals, asylum, deportation, detention, human rights, news by sally

“Along with many others, today I find myself emerging from an Olympic haze. And alongside that morning-after blur comes a nagging feeling that it is time to get back to blogging. Why not start with a man who has watched the last three Olympic Games during what the High Court describes as an ‘enormously lengthy’ period of detention without charge, and whose last bail application was refused as it would be too difficult to keep track of him during the 2012 Olympics?”

Full story

UK Human Rights Blog, 13th August 2012

Source: www.ukhumanrightsblog.com

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

Posted August 1st, 2012 in appeals, asylum, judicial review, jurisdiction, law reports, stay of execution by sally

Regina (NB (Algeria)) v Secretary of State for the Home Department [2012] EWCA Civ 1050; [2012] WLR (D) 233

“The Court of Appeal had jurisdiction to grant an claimant, whose claim for judicial review of a removal order had been rejected by Upper Tribunal, a stay of his removal until his application for permission to appeal had been considered by the Court of Appeal.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

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

KA (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 1014; [2012] WLR (D) 230

“The Secretary of State’s duty to endeavour to trace the family members of an unaccompanied minor seeking asylum was not discharged by merely informing the child of the facilities of the Red Cross. A failure to discharge the duty might be relevant to judicial consideration of an asylum or humanitarian protection claim. Such failure might also be relevant to a consideration of the duty under section 55 of the Borders, Citizenship and Immigration Act 2009.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

RT (Zimbabwe) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening); SM (Zimbabwe) v Same (Same intervening); AM (Zimbabwe) v Same (Same intervening); KM (Zimbabwe) v Same (Same intervening) – WLR Daily

Posted July 27th, 2012 in asylum, law reports, refugees, treaties by sally

RT (Zimbabwe) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening); SM (Zimbabwe) v Same (Same intervening); AM (Zimbabwe) v Same (Same intervening); KM (Zimbabwe) v Same (Same intervening) [2012] UKSC 38; [2012] WLR (D) 226

“A claim for asylum should not be defeated on the ground that an individual who had no political views, and who therefore did not support the persecutory regime in his home country, would lie and feign loyalty to that regime in order to avoid the persecutory ill treatment to which he would otherwise be subjected.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Regina (SG ( Iraq)) v Secretary of State for the Home Department: Regina (OR ( Iraq)) Same – WLR Daily

Posted July 18th, 2012 in appeals, asylum, Iraq, judicial review, law reports, stay of proceedings by tracey

Regina (SG ( Iraq)) v Secretary of State for the Home Department: Regina (OR ( Iraq)) Same: [2012] EWCA Civ 940;  [2012] WLR (D)  207

“A claimant affected by, but not party to, a country guidance determination which was under appeal to the Court of Appeal was not entitled to an automatic stay of removal pending the outcome of the appeal. It was in the court’s discretion to grant a stay, but the court should not stay removal pending the decision of the Court of Appeal unless the claimant had adduced a clear and coherent body of evidence that the findings of the tribunal were in error.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

Stansted hijacker wins Home Office challenge – The Independent

Posted July 16th, 2012 in aircraft, appeals, asylum, news by sally

“An Iraqi man arrested at Stansted Airport after taking part in the hijack of an airliner today won the latest round of a 16-year fight to stay in the UK.”

Full story

The Independent, 13th July 2012

Source: www.independent.co.uk

UK Border Agency slams decision on child rapist deportation – The Independent

Posted July 16th, 2012 in appeals, asylum, child abuse, deportation, EC law, human rights, news, rape by sally

“The UK Border Agency has reacted with fury to a court ruling allowing a Sudanese asylum seeker who raped a 12-year-old girl to remain in Britain.”

Full story

The Independent, 15th July 2012

Source: www.independent.co.uk

No duty to snitch on another EU country’s asylum conditions – UK Human Rights Blog

Posted July 12th, 2012 in asylum, human rights, news by sally

“EU law is based on a central principle of mutual confidence. It therefore flies in the face of this trust to impose a legal duty on one member state to monitor whether another Member State was complying with its obligations under that law, including its obligation to respect fundamental human rights.”

Full story

UK Human Rights Blog, 11th July 2012

Source: www.ukhumanrightsblog.com

A culture of disbelief – LegalVoice

Posted July 5th, 2012 in asylum, immigration, legal representation, news, women by sally

“Lawyers who deal with asylum claims are likely to be thin on the ground as a result of the legal aid cuts and the consequences for women asylum-seekers, in particular, will be ‘catastrophic’, charities have warned – writes Elizabeth Davidson.”

Full story

LegalVoice, 4th July 2012

Source: www.legalvoice.org.uk

Julian Assange ‘almost certainly’ will not go to police – BBC News

Posted June 29th, 2012 in asylum, extradition, news, sexual offences by tracey

“Wikileaks founder Julian Assange has told the BBC he almost certainly will not attend a police station after being served an extradition notice.”

Full story

BBC News, 28th June 2012

Source: www.bbc.co.uk

Lawcast 208: Francis FitzGibbon QC on the Assange asylum bid – Charon QC

Posted June 21st, 2012 in asylum, extradition, podcasts by sally

“Julian Assange walked into the Ecuador Embassy in London on Tuesday evening to claim political asylum. The President of Ecuador is shortly to make a statement on Assange’s application. Today I am talking to Francis FitzGibbon QC about the law relating to asylum and the legal consequences of Assange’s extraordinary decision to seek asylum – a decision which surprised several of his supporters who put up the bail money and which they are possibly in danger of forfeiting.”

Podcast

Charon QC, 21st June 2012

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

SK (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807; [2012] WLR (D) 178

“The Secretary of State was entitled to refuse asylum to a woman who had participated in two farm evictions in Zimbabwe on the grounds that her participation in the evictions was a crime against humanity under article 1F(a) of the Rome Statute of the International Criminal Court. The refusal was lawful even though the Secretary of State accepted that she would face a real risk of being subject to serious ill-treatment if returned to Zimbabwe, sufficient to breach her rights under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 19th June 2012

Source: www.iclr.co.uk

Legal crisis over Julian Assange’s asylum request – The Guardian

Posted June 20th, 2012 in asylum, extradition, human rights, news, sexual offences by sally

“The decision by the WikiLeaks founder Julian Assange to seek political asylum in the Ecuadorean embassy in London has sparked a fresh legal crisis over his already tortuous extradition case.”

Full story

The Guardian, 19th June 2012

Source: www.guardian.co.uk

Tamil asylum seekers due for deportation given reprieve – The Independent

Posted June 1st, 2012 in asylum, deportation, human rights, injunctions, news, torture by tracey

“A group of Tamil asylum seekers who were meant to have been deported back to Sri Lanka this afternoon have been given a last minute reprieve after lawyers managed to persuade a court that they were at a credible risk of torture should they be returned.”

Full story

The Independent, 31st May 2012

Source: www.independent.co.uk

Detention centre failures contributed to death of asylum seeker, inquest finds – The Guardian

Posted May 28th, 2012 in asylum, detention, immigration, negligence, news, psychiatric damage by sally

“Neglect by immigration detention centre staff contributed to the death of a Pakistani asylum seeker after he suffered a heart attack, an inquest jury has found.”

Full story

The Guardian, 25th May 2012

Source: www.guardian.co.uk

Child asylum seekers ‘still being imprisoned’ by immigration service – The Guardian

Posted May 21st, 2012 in asylum, children, detention, immigration, news, psychiatric damage by sally

“A report by the Refugee Council to be published this week accuses the immigration service of continuing to detain child asylum seekers by wrongly classifying them as adults.”

Full story

The Guardian, 20th May 2012

Source: www.guardian.co.uk

Migrationsverket v Kastrati and Others – WLR Daily

Posted May 9th, 2012 in asylum, EC law, law reports, visas by sally

Migrationsverket v Kastrati and Others (Case C-620/10); [2012] WLR (D) 139

“The withdrawal of an asylum application which occurred before the requested member state had agreed to take charge of the asylum seeker, had the effect that Council Regulation (EC) No 343/2003 which established the criteria and mechanisms for determining the member state responsible for examining an asylum application would no longer be applicable. In such circumstances, it was for the member state within the territory of which the application was lodged to take the decisions required as a result of that withdrawal and to discontinue the examination of the application, with a record of the information relating to it being placed in the applicant’s file.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk