Home Office to opt out of asylum claims EU directive – The Guardian

Posted February 24th, 2010 in asylum, detention, EC law, news by sally

“Home Office ministers are to opt out of a European directive which lays down minimum standards for the treatment of asylum claims because it would mean abandoning a fast-track process that leads to hundreds of asylum seekers being detained every year.”

Full story

The Guardian, 24th February 2010

Source: www.guardian.co.uk

Border staff humiliate and trick asylum seekers – whistleblower – The Guardian

Posted February 3rd, 2010 in asylum, news, whistleblowers by sally

“Claims that asylum seekers are mistreated, tricked and humiliated by staff working for the UK Border Agency are to be investigated in parliament.”

Full story

The Guardian, 2nd February 2010

Source: www.guardian.co.uk

Family wins £100,000 for detention ordeal – The Guardian

Posted January 30th, 2010 in asylum, children, compensation, detention, immigration, news by sally

“A refugee has won a settlement of £100,000 from the Home Office after it admitted falsely imprisoning her and her children at an immigration detention centre.”

Full story

The Guardian, 29th January 2010

Source: www.guardian.co.uk

Detaining children in Britain: No place for the innocent – The Independent

Posted January 12th, 2010 in asylum, children, detention, news by sally

“What kind of country drags vulnerable children from their beds at daybreak, puts them behind bars and fills them with terror? Paul Vallely meets a family who have endured this horror – in Britain. And they’re not alone.”

Full story

The Independent, 12th January 2010

Source: www.independent.co.uk

BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted November 30th, 2009 in asylum, deportation, law reports by sally

BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department; [2009] UKSC 7 ; [2009] WLR (D) 344

“A person who had made an asylum claim or a human rights claim within the meaning of s 113(1) of the Nationality, Immigration and Asylum Act 2002 was entitled, by virtue of s 92(4)(a), to remain in the United Kingdom until his appeal against a decision that he be removed from the UK had been disposed of, unless the Secretary of State had issued certificates to contrary effect under ss 94 or 96 of the Act.”

WLR Daily, 26th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

R (A) v Croydon London Borough Council; R (M) vLambeth London Borough Council – WLR Daily

Posted November 27th, 2009 in asylum, children, law reports by sally

R (A) v Croydon London Borough Council; R (M) vLambeth London Borough Council [2009] UKSC 8; [2009] WLR (D) 342

“Where an asylum seeker’s claim to be under the age of 18 (and so entitled to accommodation under s 20(1) of the Children Act 1989) was disputed by the local authority who would have to provide the accommodation, the question of age was an objective fact to be ultimately determined, in the event of challenge, by the court.”

WLR Daily, 24th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

Immigration judges: ‘Afghanistan is not in a state of war’ – The Independent

Posted October 24th, 2009 in Afghanistan, asylum, deportation, immigration, news, tribunals by sally

“Hundreds of Afghans living in Britain face being deported after immigration judges ruled that their home country’s bloody conflict did not make the region an unsafe place to return failed asylum-seekers.”

Full story

The Independent, 23rd October 2009

Source: www.independent.co.uk

Immigration rules relaxed to allow tens of thousands to stay, secret memo – Daily Telegraph

Posted October 9th, 2009 in asylum, immigration, news by sally

“Immigration rules have been quietly relaxed to allow tens of thousands of asylum seekers to stay – so a deadline to clear a massive backlog can be met, The Daily Telegraph can disclose.”

Full story

Daily Telegraph,

Source: www.telegraph.co.uk

DNA tests for asylum seekers ‘deeply flawed’ – The Guardian

Posted September 21st, 2009 in asylum, DNA, news by sally

“Asylum seekers are to be subjected to DNA tests in an attempt to confirm their true nationalities, the Observer can reveal.”

Full story

The Guardian, 20th September 2009

Source: www.guardian.co.uk

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department – WLR daily

Posted July 1st, 2009 in asylum, dangerous offenders, law reports, regulations, ultra vires by sally

EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department [2009] EWCA Civ 630; [2009] WLR (D) 213

“The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004, which was made under s 72(4)(a) of the 2002 Act and listed a number of criminal offences which would be presumed, irrespective of the sentence which had been imposed by the court, to fulfil the requirements of art 33(2) of the Convention and Protocol relating to the Status of Refugees, thereby allowing the United Kingdom to refoule someone who had been convicted of one of the offences despite there being a risk to his life or freedom on his return, was ultra vires and unlawful.”

WLR Daily, 29th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (AK (Sri Lanka)) v Secretary of State for the Home Department – WLR Daily

Posted June 22nd, 2009 in appeals, asylum, law reports, tribunals by sally

R (AK (Sri Lanka)) v Secretary of State for the Home Department [2009] EWCA Civ 447; [2009] WLR (D) 198

“The phrase ‘further submissions’, in the context of the Secretary of State’s obligation under r 353 of the Immigration Rules to consider whether any such submissions amounted to a fresh claim for asylum, merely meant representations, whether new or not, and those representations could be short or long, advanced on either asylum or human rights grounds, and reasoned or unreasoned. Where further submissions had in fact been found to have been made, and the question of whether they had already been considered was being asked for the purposes of ascertaining whether they were ‘significantly different’, within the meaning of r 353, and therefore might amount to a fresh claim, it was clear that no particular form was required in which new material to be put before the Secretary of State had to be cast, and that such new material might assert a human rights or asylum claim in a different category from what had been claimed the first time and that, alternatively, the same category of claim may be persisted in, but new facts asserted to support it. Where such previously unconsidered further submissions were found to have been made and the question was being asked whether, taken together with previously considered material, they enjoyed a realistic prospect of success within the meaning of r 353, and amounted thereby to a fresh claim, ‘realistic prospect of success’ meant ‘more than a fanciful such prospect’ and was not the same as a case which was clearly unfounded, the latter being a case with no prospect of success.”

WLR Daily, 19th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Abdullah) v Secretary of State for the Home Department – WLR Daily

Posted June 17th, 2009 in asylum, EC law, law reports, marriage by sally

R (Abdullah) v Secretary of State for the Home Department [2009] WLR (D) 185

“Directions for the removal of a person who had no right to remain in the United Kingdom following the dismissal of his claim for asylum were not suspended by virtue of s 78 of the Nationality, Immigration and Asylum Act 2002 and reg 29 of the Immigration (European Economic Area) Regulations 2006 by reason of there being pending an appeal against the refusal of his application for a residence card under reg 17 of those regulations.”

WLR Daily, 16th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Charity loses funding to help child refugees wrongly classified as adults – The Guardian

Posted June 1st, 2009 in asylum, charities, children, education, news by sally

“Hundreds of children fleeing war and persecution will be wrongly denied education and given no more help than adult asylum seekers in the UK under controversial changes introduced by the government, a leading charity warned yesterday.”

Full story

The Guardian, 1st June 2009

Source: www.guardian.co.uk

Britain sending refused Congo asylum seekers back to threat of torture – The Guardian

Posted May 28th, 2009 in asylum, news, torture by sally

“The British government is sending refused asylum seekers back home, a Guardian investigation has revealed, despite the fears of human rights campaigners and lawyers that deportees could encounter persecution on their return.”

Full story

The Guardian, 27th May 2009

Source: www.guardian.co.uk

R (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same – WLR Daily

Posted May 26th, 2009 in asylum, EC law, law reports by sally

R (MM (Burma) and another) v Secretary of State for the Home Department; R (DT (Eritrea)) v Same [2009] EWCA Civ 442; [2009] WLR (D) 166

“A person whose asylum claim had been finally determined in country A against him or her and who made a subsequent claim for asylum in country A came within the ambit of Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (‘the Reception Directive’) and was therefore able to enjoy the benefits of art 11(2) of that directive and be afforded conditional access to the labour market.”

WLR Daily, 21st May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Asylum seeker rules ‘not working’ – BBC News

Posted May 14th, 2009 in asylum, news by sally

“Tough policies to force failed asylum seekers to go home by removing their support are not working, according to a consortium of migrant charities.”

Full story

BBC News, 14th May 2009

Source: www.bbc.co.uk

Regina (JS) (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports

Regina (JS) (Sri Lanka) v Secretary of State for the Home Department

Court of Appeal

“In order to establish that an asylum seeker was liable for a joint criminal enterprise such as to exclude him from the protection of the Geneva Convention as complicit in war crimes or crimes against humanity, there had to have been a common design which amounted to or involved the commission of a crime provided for by statute.”

The Times, 11th May 2009

Source: www.timesonline.co.uk

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

Posted May 8th, 2009 in asylum, Greece, human rights, law reports by sally

Regina (Nasseri) v Secretary of State for the Home Department [2009] UKHL 23; [2009] WLR (D) 148

The irrebuttable presumption, laid down in paras 2 and 3 of Pt 1 of Sch 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, that a foreign national who entered the United Kingdom via Greece could be returned to Greece because Greece was a place from which he would not be sent to another state to face inhuman and degrading treatment contrary to art 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, was not in itself incompatible with the Convention provided there was no evidence to show that on his return to Greece he was actually at risk of being removed to another country in breach of his art 3 rights.”

WLR Daily, 8th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Nasseri) v Secretary of State for the Home Department – Times Law Reports

Posted May 7th, 2009 in asylum, Greece, human rights, law reports by sally

Regina (Nasseri) v Secretary of State for the Home Department

House of Lords

“As there was no evidence that Greece was a place from which a foreign asylum seeker would be deported to his own country to face inhuman and degrading treatment, there was nothing incompatible with the European Convention on Human Rights in a statutory provision which deemed that Greece was a safe country to which he could be returned from the United Kingdom.”

The Times, 7th May 2009

Source: www.timesonline.co.uk

Y (Sri Lanka) v Secretary of State for the Home Department; Z (Sri Lanka) v Same – Times Law Reports

Posted May 5th, 2009 in asylum, human rights, law reports, mental health, torture by sally

Y (Sri Lanka) v Secretary of State for the Home Department; Z (Sri Lanka) v Same

Court of Appeal

“It would be a breach of article 3 of the European Convention on Human Rights, prohibiting torture, to order the return of an asylum seeker to a country where there was an undisturbed finding that the asylum seeker had been tortured and raped in captivity and where credible and uncontradicted expert evidence was that the likely effect of the trauma, if return was enforced, would be suicide.”

The Times, 5th May 2009

Source: www.timesonline.co.uk