Doctors ask court to decide whether refugee on hunger strike can be forcibly fed – The Independent

Posted January 18th, 2013 in Court of Protection, news, passports, refugees by tracey

“Doctors have asked a court to decide whether a refugee on hunger strike can be forcibly fed. The man, who cannot be named for legal reasons and is referred to in court documents as ‘A’, went on hunger strike to demand that the UK Border Agency returns his passport.”

Full story

The Independent, 17th January 2013

Source: www.independent.co.uk

Abed El Karem El Kott and others v Bevándorlási és Állampolgársági Hivatal (ENSZ Menekültügyi Főbiztossága intervening) (Case C-364/11) – WLR Daily

Posted December 21st, 2012 in asylum, EC law, law reports, refugees, United Nations by tracey

Abed El Karem El Kott and others v Bevándorlási és Állampolgársági Hivatal (ENSZ Menekültügyi Főbiztossága intervening): (Case C-364/11); [2012] WLR (D) 390

“On its proper interpretation, article 12(1)(a) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise needed international protection, and the content of the protection granted, the cessation of protection or assistance from organs or agencies of the United Nations other than the High Commission for Refugees ‘for any reason’ included the situation in which a person who, after actually availing himself of such protection or assistance, had ceased to receive it for a reason beyond his control and independent of his volition. Where the competent authorities of the member state responsible for examining the application for asylum established that the condition relating to the cessation of the protection or assistance provided by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) was satisfied, the fact that that person was ipso facto ‘entitled to the benefits of [the] Directive’ meant that that member state must recognise him as a refugee within the meaning of article 2(c) of the Directive and that person must automatically be granted refugee status, provided always that he was not caught by article 12(1)(b) or (2) and (3) of the Directive.”

Source: www.iclr.co.uk

Chagos Islanders forced into exile left ‘dumbstruck’ by court ruling – The Guardian

Posted December 21st, 2012 in Chagos Islands, human rights, news, refugees by tracey

“Exiled Chagos Islanders living in Britain and Mauritius have said they are ‘dumbstruck’ by a European court ruling that it has no jurisdiction to examine their forced expulsion by the British government in the 1960s”

Full story

The Guardian, 20th December 2012

Source: www.guardian.co.uk

Model charity: ‘whatever happens, we’ll carry on, but it won’t be easy’ – The Guardian

Posted December 12th, 2012 in asylum, budgets, charities, homelessness, legal aid, news, refugees by sally

“Southampton and Winchester Visitors Group, which supports destitute refugees, may be hit by sweeping legal aid cuts.”

Full story

The Guardian, 11th December 2012

Source: www.guardian.co.uk

M v Minister for Justice, Equality and Law Reform, Ireland and another – WLR Daily

Posted December 3rd, 2012 in asylum, EC law, judicial review, law reports, refugees by sally

M v Minister for Justice, Equality and Law Reform, Ireland and another (Case C-277/11); [2012] WLR (D) 359

“The co-operation requirement in the second sentence of article 4(1) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, did not require a competent national authority to inform an applicant, whose application for refugee status had already been rejected, of its intention to refuse, and its reasons for refusing, a request for subsidiary protection before adopting such a decision in order to enable the applicant to make known his views in that regard.”

WLR Daily, 22nd December 2012

Source: www.iclr.co.uk

Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same – WLR Daily

Posted October 24th, 2012 in asylum, human rights, judicial review, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department; Regina (MA (Eritrea)) v Same; Regina (AE (Eritrea)) v Same; Regina (EH (Iran)) v Same [2012] EWCA Civ 1336; [2012] WLR (D) 282

“Persons who had sought, or been granted, asylum in Italy but had since come to the United Kingdom could not resist return to Italy on the ground that they faced inhuman or degrading treatment there unless it could be shown that there was a systemic deficiency in the system of refugee protection in that country. Short of such evidence, in respect of which the view of the United Nations High Commissioner for Refugees (‘UNHCR’) was pre-eminent, even powerful evidence of individual risk was of no avail.”

WLR Daily, 17th October 2012

Source: www.iclr.co.uk

Chagos Refugees Group in the First-Tier Tribunal: some key points – Panopticon

Posted September 25th, 2012 in Chagos Islands, disclosure, human rights, news, refugees, tribunals by sally

“The Chagos Archipelago forms part of the British Indian Ocean Territory (‘BIOT’). In the late 1960s and early 1970s, the inhabitants of the Chagos Islands were required to leave those islands. At or around that time, a US military base was established on Diego Garcia, the largest of the Chagos Islands. The removal of the ‘Chagossians’ has been a matter of considerable political and media debate, as well as complex legal proceedings. Two legal challenges are ongoing: Chagos Islanders v UK before the European Court of Human Rights, and Bancoult (No 3) before the domestic courts.”

Full story

Panopticon, 24th September 2012

Source: www.panopticonblog.com

Afghan who helped torch car in London riots spared jail due to traumatic childhood – Daily Telegraph

“An Afghan refugee who helped set a police car ablaze in the London riots has been let off because of the violence he saw in his home country.”

Full story

Daily Telegraph, 11th September 2012

Source: www.telegraph.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

Does a Zimbabwe farm invader get refugee status? – UK Human Rights Blog

Posted July 6th, 2012 in crimes against humanity, news, refugees, treaties by tracey

“SK (Zimbabwe) v Secretary of State for the Home Office 19 June 2012. This case raises the interesting question whether someone who was involved as a member of the ruling Zimbabwe Zanu PF party with farm invasions can be eligible for refugee status.”

Full story

UK Human Rights Blog, 5th July 2012

Source: www.ukhumanrightsblog.com

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

Removing full right of appeal for family visitors – UK Border Agency

“A clause in the Crime and Courts Bill, published today, will remove the full right of appeal for those applying to enter the UK as a family visitor. Subject to Parliamentary approval and Royal Assent, this change is expected to come into force by 2014. Refused applicants will still be able to appeal on limited grounds of human rights or race discrimination.”

Full story

UK Border Agency, 10th May 2012

Source: www.ukba.homeoffice.gov.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

Legal advice for migrants and refugees is already patchy – The Guardian

Posted December 6th, 2011 in immigration, law centres, legal aid, legal services, news, refugees by sally

“Local authority cuts have hit some areas of London hard, and further cuts would have disastrous consequences.”

Full story

The Guardian, 6th December 2011

Source: www.guardian.co.uk

Jamaican lesbian can stay in UK, tribunal rules – BBC News

Posted July 6th, 2011 in appeals, immigration, news, refugees, sexual orientation discrimination by sally

“A Jamaican lesbian has won the right to stay in the UK after immigration judges ruled she risks persecution if she returns to her home country.”

Full story

BBC News, 6th July 2011

Source: www.bbc.co.uk

LSB publishes literature review of legal needs – Legal Services Board

“The LSB has conducted a review of existing research literature into the needs of different groups of legal services consumers. The review summarises the legal needs of a variety of different groups, their methods of accessing legal services and where their needs are not met. The review helps to identify gaps in existing research and will be used to target our future research programme.”

The Legal Needs of Consumer Groups (PDF)

Legal Services Board, 21st April 2011

Source: www.legalservicesboard.org.uk

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

Posted December 17th, 2010 in asylum, law reports, news, proscribed organisations, refugees, terrorism by sally

DD (Afghanistan) v Secretary of State for the Home Department [2010] EWCA Civ 1407; [2010] WLR (D) 330

“Section 54 of the Immigration, Asylum and Nationality Act 2006, on the construction of art 1F(c) of the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), confirmed by statute that acts of individuals might be acts contrary to the purposes and principles of the United Nations, which ‘included’ acts instigating terrorism and could include acts directed against UN mandated forces.”

WLR Daily, 16th December 2010

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.

Iraqi pupil to be thrown out of Britain over age dispute – The Independent

Posted July 23rd, 2010 in asylum, children, deportation, local government, news, refugees by sally

“An Iraqi refugee who is studying for his GCSEs has been told he will be made homeless and deported because social workers have decided that he is 20 years old.”

Full story

The Independent, 23rd July 2010

Source: www.independent.co.uk

HJ v Secretary of State for the Home Department; HT v Same ú – WLR Daily

Posted July 9th, 2010 in asylum, homosexuality, immigration, law reports, refugees, Supreme Court by sally

HJ v Secretary of State for the Home Department; HT v Same ú [2010] UKSC 31; [2010] WLR (D) 174

“To reject a gay person’s claim for refugee status on the ground that, if returned to his home country, he could avoid persecution by living discreetly would be to deny his right, protected by the 1951 Convention and 1967 Protocol relating to the Status of Refugees, to live freely and openly as himself without fear of persecution. The current test, that such a claim would fail where the claimant could reasonably be expected to live discreetly concealing his sexual identity to avoid persecution, if returned to his home country, was wrong and should not be followed.”

WLR Daily, 8th July 2010

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.

Supreme court recognises gay asylum rights – The Guardian

Posted July 7th, 2010 in asylum, homosexuality, international law, news, refugees, Supreme Court by sally

“Judgment means lesbian, gay, bisexual and transgender people have the right to escape persecution.”

Full story

The Guardian, 7th July 2010

Source: www.guardian.co.uk