Category: asylum

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

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

“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

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

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

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

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

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

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

Asylum seekers win right to stay because of ‘shambolic’ immigration hearings – Daily Telegraph

Posted April 20th, 2009 in asylum, news by sally

“Hundreds of appeal hearings are going ahead without a representative from the Home Office to defend its original decision to deny asylum.”

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Same

Daily Telegraph, 18th April 2009

Source: www.telegraph.co.uk

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Same – Times Law Reports

Posted April 8th, 2009 in asylum, homosexuality, law reports by sally

“A homosexual asylum-seeker could not seek the protection of the court if it were a condition of protection that he hid his membership of a particular social group or modified some attribute or characteristic of the group to avoid persecution.”

The Times, 8th April 2009

Torture claim Thulambo family win reprieve in fight against deportation – The Times

Posted April 7th, 2009 in asylum, news by sally

“A mother and her two daughters who say that they sought sanctuary in Britain after fleeing persecution in Zimbabwe won a reprieve yesterday against deportation.”

The Times, 7th April 2009

R (A) v Secretary of State for Health [2009] EWCA Civ 225; [2009] WLR (D) 113

R (A) v Secretary of State for Health – WLR Daily

Posted April 2nd, 2009 in asylum, domicile, law reports, medical treatment by sally

“A failed asylum seeker was not ‘ordinarily resident’ within the United Kingdom for the purposes of entitlement to treatment as of right by the National Health Service free of charge. The Guidance as to how a health body should exercise such discretion as it had to grant or withhold treatment in such a case was unlawful for lack of clarity.”

WLR Daily, 1st April 2009

Regina (A) v Secretary of State for Health

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

Regina (A) v Secretary of State for Health – Times Law Reports

Posted April 2nd, 2009 in asylum, law reports, medical treatment by sally

Court of Appeal

“A failed asylum seeker was not ordinarily resident in the United Kingdom so as to be entitled to free treatment by the National Health Service.”

The Times, 2nd April 2009

Regina (AM)(Somalia) v Secretary of State for the Home Department

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

Posted April 1st, 2009 in asylum, human rights, law reports by sally

Court of Appeal

“An asylum-seeker’s in-country appeal against removal on human rights grounds could not be stifled by the later issue of a certificate by the Secretary of State for the Home Department that the opposition was clearly unfounded.”

The Times, 1st April 2009

MH (Syria) v Secretary of State for the Home Department; DS (Afghanistan) v Same [2009] EWCA Civ 226; [2009] WLR (D) 109

MH (Syria) v Secretary of State for the Home Department; DS (Afghanistan) v Same – WLR Daily

Posted March 26th, 2009 in asylum, law reports, proscribed organisations by sally

“A careful approach was to be applied when one was considering an asylum application and the question whether an asylum-seeker was excluded from the provisions of the Refugee Convention by reason of art 1F(c) on the ground that he had been guilty of acts contrary to the purposes and principles of the United Nations.”

WLR Daily, 25th March 2009

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department [2009] EWCA Civ 172; [2009] WLR (D) 87

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

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2009 in asylum, homosexuality, law reports by sally

“When considering whether a homosexual person was entitled to refugee status, the test to be applied was whether the claimant would reasonably be expected to tolerate that he would have to be discreet, not only in the context of random sexual activity, but in relation to matters following from, and relevant to, sexual identity.”

WLR Daily, 11th March 2009

MK and Others (Somalia) v Entry Clearance Officer, Addis Ababa; Joint Council for the Welfare of Immigrants, intervening

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

MK and Others (Somalia) v Entry Clearance Officer, Addis Ababa; Joint Council for the Welfare of Immigrants, intervening – Times Law Reports

Posted March 11th, 2009 in asylum, children, law reports by sally

Court of Appeal

“Children who were not legally adopted could not rely on concessions for asylum-seekers to enter the UK to stay with their aunt.”

The Times, 11th March 2009

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Court to decide whether Afghan seeking asylum in UK is a boy aged 15 – or a man – The Guardian

Posted March 10th, 2009 in asylum, children, news by sally

“Is he a boy, or is he a man? For Majid (not his real name), who arrived seven months ago from Afghanistan via Greece and France, hidden alone in a lorry, this is a vital question that will decide not only the course of his life, but also those of many others like him. A social worker for Kent, the local authority in Dover, says he is at least 18. A paediatrician who specialises in adolescent health says he is 15.”

The Guardian, 10th March 2009

Source: www.guardian.co.uk

UK child asylum rules ‘flouted’ – BBC News

Posted March 10th, 2009 in asylum, children, news by sally

“Government guidelines on the treatment of child asylum seekers are being ‘routinely flouted’ by UK Border Agency staff, according to a report.”

BBC News, 10th March 2009

Source: www.bbc.co.uk

Row on asylum children detention – BBC News

Posted March 9th, 2009 in asylum, children, news by sally

“The UK government’s treatment of the children of asylum seekers in detention is ‘abusive’ and ‘dehumanising’, it has been claimed.”

BBC News, 8th March 2009

Source: www.bbc.co.uk

‘Tortured’ asylum seeker’s plight – BBC News

Posted February 24th, 2009 in asylum, news by sally

“An asylum seeker who says she was tortured in her homeland claims she was forced by poverty into prostitution after her bid to stay in the UK failed.”

BBC News, 24th February 2009

Source: www.bbc.co.uk

Deporting gay asylum-seeker ‘was unlawful’ – The Independent

Posted February 20th, 2009 in asylum, deportation, homosexuality, news by sally

“A gay asylum-seeker who was unlawfully deported last year and now lives in fear of persecution must be found and returned to Britain, a High Court judge has ruled.”

The Independent, 20th February 2009

Source: www.independent.co.uk

Asylum for lesbian on the run from Iran – The Independent

Posted February 16th, 2009 in asylum, homosexuality, Iran, news by sally

“A lesbian who fled Iran after her girlfriend was arrested and sentenced to death in Tehran has won her battle to be granted asylum in Britain.”

Regina (Liverpool City Council) v Hillingdon London Borough Council and Another

The Independent, 16th February 2009

Source: www.independent.co.uk

Regina (Liverpool City Council) v Hillingdon London Borough Council and Another – Times Law Reports

Posted February 13th, 2009 in asylum, children, law reports, local government, social services by sally

Court of Appeal

“A local authority had failed to carry out its duty under section 20 of the Children Act 1989 when dealing with an asylum-seeker who claimed to be a child because it did not carry out an assessment of his welfare needs, or of the kind of accommodation that would be required to meet them.”

The Times, 13th February 2009