AA (Somalia) v Entry Clearance Officer – WLR Daily

Posted May 4th, 2012 in adoption, asylum, children, law reports, sponsored immigrants by tracey

AA (Somalia) v Entry Clearance Officer: [2012] EWCA Civ 563;  [2012] WLR (D)  134

“Paragraph 352D of the Statement of Changes in Immigration Rules, concerning the entitlement to entry clearance of a child seeking entry into the United Kingdom as a de facto adopted child of a sponsor who had previously been granted asylum as a refugee, did not extend to children who, neither adopted de jure nor de facto within the ambit of paragraph 309A of the Rules, could be styled as ‘adopted’ by reason of having become a child of the family.”

WLR Daily, 1st May 2012

Source: www.iclr.co.uk

When does an expert report constitute “independent evidence” of torture? – UK Human Rights Blog

Posted May 3rd, 2012 in appeals, asylum, evidence, expert witnesses, news, reports, torture by sally

“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”

Full story

UK Human Rights Blog, 2nd May 2012

Source: www.ukhumanrightsblog.com

Theresa May rebuked over illegally deported asylum seeker – The Guardian

Posted May 1st, 2012 in asylum, deportation, news, setting aside by sally

“The home secretary is under fire for failing to comply with a high court order to bring an asylum seeker who is in hiding in Azerbaijan back to Britain.”

Full story

The Guardian, 30th April 2012

Source: www.guardian.co.uk

Irrational, inhuman and degrading: detention of a mentally ill asylum-seeker was unlawful – UK Human Rights Blog

Posted April 23rd, 2012 in asylum, detention, false imprisonment, human rights, illegality, mental health, news by sally

“The detention of a mentally ill person in an Immigration Removal Centre (IRC) amounted to inhuman and degrading treatment and false imprisonment, and was irrational, the High Court has ruled.”

Full story

UK Human Rights Blog, 23rd April 2012

Source: www.ukhumanrightsblog.com

X-ray trial on asylum seekers started without formal approval – The Guardian

Posted April 10th, 2012 in asylum, children, medical ethics, news, x-rays by sally

“The UK Border Agency embarked on a controversial trial of using dental x-rays to establish the age of young asylum seekers without the formal approval of the NHS watchdog which ensures medical research is ethical, the Guardian can reveal.”

Full story

The Guardian, 5th April 2012

Source: www.guardian.co.uk

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

Posted April 4th, 2012 in asylum, law reports, refugees, terrorism by sally

AH (Algeria) v Secretary of State for the Home Department [2012] EWCA Civ 395; [2012] WLR (D) 106

“In looking to the question whether an asylum seeker, who had been a member of a terrorist organisation and convicted of a crime outside the country of refuge, fell to be excluded from the Refugee Convention pursuant to article 1F(b) and (c) thereof, one had to avoid applying a presumption of individual liability; and in asking whether the crime in question was sufficiently ‘serious’ one also had to set the applicable threshold with care.”

WLR Daily, 2nd April 2012

Source: www.iclr.co.uk

Chechnyan can return to UK, rule judges – The Independent

Posted April 2nd, 2012 in appeals, asylum, intelligence services, judicial review, news by sally

“A man deemed likely to help try to kill a Russian politician on Britain’s streets has been allowed to return to the UK to fight to stay in the country.”

Full story

The Independent, 2nd April 2012

Source: www.independent.co.uk

Suspected terrorist regranted British citizenship – UK Human Rights Blog

Posted March 29th, 2012 in appeals, asylum, citizenship, news, terrorism by sally

“The Court of Appeal has allowed the suspected terrorist Al‐Jedda’s appeal against the Home Secretary’s decision to deprive him of his British nationality.”

Full story

UK Human Rights Blog, 29th March 2012

Source: www.ukhumanrightsblog.com

Terror suspect Hilal Al-Jedda in nationality win – The Independent

Posted March 29th, 2012 in appeals, asylum, citizenship, news, terrorism by sally

“A terror suspect has come a step closer to returning to the UK after winning a Court of Appeal battle against the Government’s decision to strip him of his British nationality.”

Full story

The Independent, 29th March 2012

Source: www.independent.co.uk

JD (Congo) v Secretary of State for the Home Department (Public Law Project intervening); WN (The Gambia) v Same; ES (Iran) v Same; MR (Bangladesh) v Same – WLR Daily

Posted March 20th, 2012 in appeals, asylum, law reports, news, tribunals by sally

JD (Congo) v Secretary of State for the Home Department (Public Law Project intervening); WN (The Gambia) v Same; ES (Iran) v Same; MR (Bangladesh) v Same [2012] EWCA Civ 327; [2012] WLR (D) 85

“Where a claimant who had succeeded before the First-tier Tribunal but failed in the Upper Tribunal sought permission to appeal from the Upper Tribunal, not on the ground of an important point of principle or practice, but for some other compelling reason within section 13(6)(b) of the Tribunals, Courts and Enforcement Act 2007, the test to be applied was stringent but flexible, taking into account the particular circumstances of the case. The procedural history and extreme consequences for the claimant if he were refused permission to appeal were relevant factors to be taken into account by the court in deciding whether the threshold for a second-tier appeal had been reached.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

RB (Somalia) v Secretary of State for the Home Department – WLR Daily

Posted March 16th, 2012 in asylum, evidence, expert witnesses, law reports by tracey

RB (Somalia) v Secretary of State for the Home Department: [2012] EWCA Civ 277;  [2012] WLR (D)  77

“Analysis of an asylum seeker’s speech carried out by a private Swedish company was admissible in asylum proceedings although the analysts were allowed to remain anonymous and the presentation of the evidence did not comply in a number of respects with practice directions for the immigration and asylum chambers of the First-tier and Upper Tribunals. The Upper Tribunal had a broad discretion with regard to the control of the evidence before it and had, within its case management powers, the power to waive non-compliance with a practice direction or a rule. Its obligation was to ensure that any expert report represented a genuine, objective view by those qualified to express it with sufficient reasoning and clarity to enable it to be challenged and assessed.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

‘War criminal’ Joseph Lissa wins right to stay in Britain – Daily Telegraph

Posted March 12th, 2012 in asylum, children, deportation, human rights, news, war crimes by sally

“A man branded a war criminal by a judge has been allowed to stay in Britain because of his human rights.”

Full story

Daily Telegraph, 11th March 2012

Source: www.telegraph.co.uk

Justice will not be done – The Guardian

Posted February 28th, 2012 in asylum, children, civil justice, legal aid, news by tracey

“The Crown Prosecution Service, the Met and the Home Office have all recently been forced to pay out compensation to children. In one case, a teenage witness was put at risk; in the other 40 asylum seekers were locked up in adult units. All three organisations have sought to reassure the public that policy and procedures have changed as a result. But what would have happened to these cases had the legal aid bill (Laspo), now approaching report stage in the Lords, already become law?”

Full story

The Guardian, 27th February 2012

Source: www.guardian.co.uk

UK detention of torture victims ‘inhumane’ – The Guardian

Posted February 23rd, 2012 in asylum, detention, news, torture, trafficking in human beings, victims by sally

“The detention of victims of torture and trafficking by the UK Border Agency pending their ‘fast-track’ deportation from Britain has been strongly criticised by the UN.”

Full story

The Guardian, 23rd February 2012

Source: www.guardian.co.uk

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

Posted February 21st, 2012 in appeals, asylum, immigration, law reports, tribunals by tracey

MM (Zimbabwe) v Secretary of State for the Home Department: [2012] EWCA Civ 135;  [2012] WLR (D)  36

” ‘Conspicuous unfairness’ was not a free standing ground in an immigration case on which a court could act in the absence of unlawful action on the part of the Home Secretary.”

WLR Daily, 24th January 2012

Source: www.iclr.co.uk

£1m payout to child asylum seekers – The Independent

Posted February 20th, 2012 in asylum, children, compensation, detention, news by sally

“The Home Office has paid compensation of more than £1m, plus £1m costs, in a case involving 40 child asylum seekers who were wrongly detained as adults, it has been reported.”

Full story

The Independent, 18th February 2012

Source: www.independent.co.uk

Child asylum seekers win compensation for 13-month detention – The Guardian

Posted January 6th, 2012 in asylum, children, compensation, detention, news by tracey

“Four children who were incarcerated in detention centres for 13 months – the longest time children have ever been locked up in the UK – have won a six-figure compensation payout from the Home Office more than eight years after their release.”

Full story

The Guardian, 6th January 2012

Source: www.guardian.co.uk

NS v Secretary of State for the Home Department (Amnesty International Ltd and others intervening); ME and others v Refugee Applications Comr and another (Amnesty International Ltd and others intervening – WLR Daily

Posted January 3rd, 2012 in asylum, EC law, immigration, law reports by tracey

NS v Secretary of State for the Home Department (Amnesty International Ltd and others intervening); ME and others v Refugee Applications Comr and another (Amnesty International Ltd and others intervening); (Joined Cases C-411/10 and C-493/10);  [2011] WLR (D)  388

“European Union law precluded the application of a conclusive presumption that the member state responsible for examining an asylum claim pursuant to Council Regulation (EC) No 343/2003 observed the fundamental rights of the European Union. Article 4 of the Charter of Fundamental Rights of the European Union meant that the member states, including the national courts, could not transfer an asylum seeker to the ‘member state responsible’ within the meaning of the Regulation where they could not be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that member state amounted to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment within the meaning of that provision.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

UK will not opt in to EU asylum directives – Home Office

Posted October 14th, 2011 in asylum, EC law, press releases by tracey

“Immigration Minister Damian Green has informed Parliament that the UK will not be opting in to two EU asylum directives.”

Full press release

Home Office, 13th September 2011

Source: www.homeoffice.gov.uk

Lawyers slam ‘chaotic’ asylum unit – Law Society’s Gazette

Posted September 30th, 2011 in asylum, complaints, news by tracey

“”The UK’s system for registering asylum claims is chaotic and unworkable and urgently needs a root-and-branch overhaul, lawyers’ groups allege. Problems at the ‘Kafkaesque’ asylum screening unit in Croydon, the only such unit remaining after a similar unit in Liverpool closed in 2009, have prompted angry letters to the UK Border Agency from the Law Society and Immigration Lawyers Practitioners Association (ILPA).”

Full story

Law Society’s Gazette, 29th September 2011

Source: www.lawgazette.co.uk