Category: asylum

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

Asylum-seekers put at risk by law, warns top judge – The Independent

Posted July 2nd, 2008 in asylum, news by sally

“Labour’s tough stance on immigration may have forced courts to send asylum-seekers back to their home countries to face ‘torture or death’, one of the most senior judges in England and Wales has warned.”

AL (Serbia) v Secretary of State for the Home Department; R (Rudi) v Same [2008] UKHL 42; [2008] WLR (D) 213

The Independent, 2nd July 2008

Source: www.independent.co.uk

AL (Serbia) v Secretary of State for the Home Department; R (Rudi) v Same – WLR Daily

Posted July 1st, 2008 in asylum, immigration, law reports by sally

“A policy, whereby indefinite leave to remain would be granted to certain families living as a unit with children and young adults, was a proportionate response to particular administrative and financial problems represented by that group; and accordingly the different treatment of single young adults, who were excluded from the policy because they were parentless, was justified.”

WLR Daily, 30th June 2008

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

Asylum refugees’ treatment ‘inhuman’ – Daily Telegraph

Posted July 1st, 2008 in asylum, news by sally

“An inquiry will tomorrow (30 June) brand Britain’s asylum system inhumane and urge the Government to improve the treatment of refugees.”

EB (Kosovo) v Secretary of State for the Home Department

Daily Telegraph, 29th June 2008

Source: www.telegraph.co.uk

EB (Kosovo) v Secretary of State for the Home Department – Times Law Reports

Posted June 30th, 2008 in asylum, delay, law reports by sally

House of Lords

“Delay in decision-making enabling an asylum-seeker to establish a family life might be a relevant factor in considering an appeal against refusal of asylum.”

The Times, 30th June 2008

EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41; [2008] WLR (D) 203

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

EB (Kosovo) v Secretary of State for the Home Department – WLR Daily

Posted June 26th, 2008 in asylum, delay, law reports by sally

“Delay in the decision-making process might be relevant to the consideration of an appeal relying on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 25th June 2008

Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202

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

Chikwamba v Secretary of State for the Home Department – WLR Daily

Posted June 26th, 2008 in asylum, human rights, law reports by sally

“An appeal based on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms against refusal of asylum and leave to enter should not be routinely dismissed on the ground that it would be proportionate and more appropriate for the applicant to return to her home country to apply for leave to enter.”

WLR Daily, 25th June 2008

Chikwamba 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.

Chikwamba v Secretary of State for the Home Department – Times Law Reports

Posted June 26th, 2008 in asylum, human rights, law reports by sally

House of Lords

“An appeal based on the right to family life against a refusal of asylum and leave to enter should not be dismissed routinely because policy required the appellant to leave the country to apply for entry clearance abroad.”

The Times, 26th June 2008

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

Iran is safe for ‘discreet’ gays, says Jacqui Smith – The Independent

Posted June 23rd, 2008 in asylum, homosexuality, Iran, news by sally

“Gay and lesbian asylum-seekers can be safely deported to Iran as long as they live their lives ‘discreetly’, the Home Secretary, Jacqui Smith, has claimed.”

BE (Iran) v Secretary of State for the Home Department

The Independent, 23rd June 2008

Source: www.independent.co.uk

BE (Iran) v Secretary of State for the Home Department – Times Law Report

Posted June 18th, 2008 in armed forces, asylum, Iran, law reports by sally

Court of Appeal

“An Iranian soldier who deserted to avoid carrying out an order to plant land mines in peacetime which were liable to kill or maim civilians was entitled to protection as a refugee.”

The Times, 18th June 2008

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

Iraq refugees coralled as Home Office asylum net widens – The Guardian

Posted June 11th, 2008 in asylum, news by sally

“More than 60 failed asylum seekers from Iraq have been rounded up by the UK Borders Agency in the past few days under what appears to be an accelerated programme of forced deportations.”

The Guardian, 11th June 2008

Source: www.guardian.co.uk

Briton sues over deportation as failed asylum seeker – The Guardian

Posted June 9th, 2008 in asylum, deportation, false imprisonment, news by sally

“A 30-year-old British citizen with schizophrenia was taken into custody and flown by immigration officers to a foreign country where he had no connections and was allegedly beaten up because he could not speak the language and could not make himself heard.”

N v United Kingdom (Application No 26565/05)

The Guardian, 7th June 2008

Source: www.guardian.co.uk

N v United Kingdom (Application No 26565/05) – Times Law Reports

Posted June 6th, 2008 in asylum, human rights, law reports, medical treatment by sally

European Court of Human Rights

“The removal of an alien suffering from a serious illness to a country where the facilities for treating that illness were inferior to those available in a state party to the European Convention on Human Rights might raise an issue under the Convention but only in a very exceptional case where humanitarian grounds against removal were compelling.”

The Times, 6th June 2008

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

Court rejects HIV asylum seeker – BBC News

Posted May 27th, 2008 in asylum, HIV, medical treatment, news by sally

“An HIV-positive Ugandan woman’s claim to stay in the UK has been rejected by the European Court of Human Rights.”

BBC News, 27th May 2008

Source: www.bbc.co.uk

Regina v Asfaw – Times Law Reports

Posted May 27th, 2008 in asylum, law reports by sally

Regina v Asfaw

House of Lords

“The humanitarian aims of the UN Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) were to be achieved by construing its words purposively.”

The Times, 26th May 2008

R v Asfaw (United Nations High Commissioner for Refugees intervening)[2008] UKHL 31; [2008] WLR (D) 165

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

R v Asfaw (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted May 23rd, 2008 in asylum, law reports by sally

“A refugee, who arrived in the United Kingdom directly from the country of persecution in transit to a country of preferred refuge, was entitled to the protection from prosecution provided by art 31(1) of the 1951 Convention and 1967 Protocol relating to the Status of Refugees when, in attempting to leave the United Kingdom after a short stop-over she presented false documentation to the airline for onward travel to her intended sanctuary.”

WLR Daily, 23rd May 2008

BE (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 540; [2008] WLR (D) 159

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

BE (Iran) v Secretary of State for the Home Department – WLR Daily

Posted May 22nd, 2008 in armed forces, asylum, human rights, law reports by sally

“An Iranian soldier who had been ordered in peacetime to plant land mines liable to kill or maim innocent civilians, and who had deserted, was entitled to international protection as a refugee since the order constituted a requirement that he commit a grave violation of human rights which could further be characterised as ‘gross’ and ‘an atrocity’.

WLR Daily, 21st May 2008

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

Gay student who faced execution in Iran granted asylum in Britain – The Independent

Posted May 21st, 2008 in asylum, homosexuality, Iran, news by sally

“A gay man who faces the death penalty in Iran has won asylum in the UK after protests prompted the Home Secretary, Jacqui Smith, to reconsider his case.”

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

The Independent, 21st May 2008

Source: www.independent.co.uk

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

Posted May 20th, 2008 in asylum, human rights, law reports by sally

Court of Appeal

“A provision which prevented the Secretary of State for the Home Department from considering whether certain listed countries would return asylum seekers in violation of their human rights did not enact an absolute bar, but was limited in scope.”

The Times, 20th May 2008

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

Asylum seekers should be renamed sanctuary seekers, report says – Daily Telegraph

Posted May 20th, 2008 in asylum, news by sally

“The word ‘asylum’ should be phased out and replaced with ‘sanctuary’ when used in relation to foreigners seeking shelter in Britain, a report said today.”