Relatives of refugees are not legally refugees after all
16 October 2019
1 Comment
The Court of Appeal has held that the UN Refugee Convention should not be interpreted to include an implied type of derivative refugee status for
The Court of Appeal has held that the UN Refugee Convention should not be interpreted to include an implied type of derivative refugee status for
In Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345, the Court of Appeal has held that the Home Office
The First-tier and Upper Tribunals seem to have gone rather badly wrong in the case of MAB (Iraq) v The Secretary of State for the
Stephen Yaxley-Lennon, Paul Harris or Tommy Robinson or whatever he calls himself today, has directly appealed to President Donald Trump to be granted asylum and
States have domestic and international legal obligations to provide suitable housing for unaccompanied asylum-seeking children. But a vulnerable young client at the Refugee Legal Support
The High Court has ordered the Home Office to return an asylum seeker to the UK from Uganda because her 2013 asylum appeal hearing was
Official government guidance claims that victims of human trafficking get rich from being sexually exploited in the UK and can be refused asylum, it has
This week the Court of Appeal quashed the certification of an Albanian asylum claim as “clearly unfounded”. In SP (Albania) v Secretary of State for
The inelegant phrase “a sufficiency of protection” originates in a now obscure series of tribunal determinations from the 1990s. It was eventually entrenched in law
AL (Albania) [2019] EWCA Civ 950 is a new Court of Appeal judgment which says some important things about the approach a tribunal judge should
Immigration judges must assess whether an asylum seeker had a reasonable opportunity to claim asylum in a safe third country before holding that a failure
It was hailed as an emergency solution to the refugee crisis but figures reveal that only 36 Syrians had been removed from Greece under the
There are growing concerns around the Home Office’s treatment of children and young people from Albania, with legal practitioners now raising the alarm about the
In March 2018, the Upper Tribunal promulgated the country guidance decision AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118. The tribunal dismissed AS’s appeal
It’s not often these days that we see a positive result from the Court of Appeal, but just before the bank holiday two out of
The Court of Justice of the European Union has decided in joined cases C‑391/16, C‑77/17 and C‑78/17 M, X and X that recognised refugees who
The Court of Appeal has upheld the deportation of a refugee known only as AM who entered the UK in 1987 aged 11. Having grown
In 2011, the landmark case of MSS v Belgium and Greece concluded that conditions in Greece were so dire, asylum seekers’ human rights would be
Government guidance asserts that an asylum claim based on a blood feud in Albania is likely to be certifiable as clearly unfounded under section 94
The Court of Justice of the European Union has today handed down judgment in the case of C-163/17 Jawo. The court held that asylum seekers
In a unanimous decision the Court of Appeal have allowed the appeal of an Ahmadi who was unable to demonstrate that his case fell within
The Supreme Court has had to remind the immigration tribunal that self inflicted torture by proxy (SIBP) is inherently unlikely. Self inflicted torture by proxy
In Mohammad Racheed v Secretary of State for the Home Department [2019] CSIH 8, the Inner House of the Court of Session held that a
In a newly reported judgment the Upper Tribunal has quashed the Secretary of State’s decision to refuse a request from the Greek government to take
With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of
Credit where it’s due. In numerous claims and fresh claims for asylum for well over half a decade now, the firm of Barnes Harrild &
The Court of Appeal has ruled that appeal decisions made using the 2005 Fast Track Rules are not necessarily unfair and unlawful, even though the
AM (Iran) v Secretary of State for the Home Department [2018] EWCA Civ 2706 demonstrates the Court of Appeal’s increasing tendency to find any reason
A statement of changes to the Immigration Rules was published today, 11 December 2018. The main changes are to introduce the pilot scheme for short-term
Claiming asylum can be a traumatic experience. Having to relive the worst events in your life while you undergo a series of interviews and hearings
A v Secretary of State for the Home Department [2016] CSIH 38 is an important 2016 decision from the Court of Session in Scotland, the full impact
In a robust judgment yesterday, the High Court found the decision of the Home Office to cut weekly benefits to asylum-seeking victims of trafficking was unlawful.
About 18 months ago, the Home Office announced that refugees would no longer get indefinite leave to remain automatically after being in the UK for
So says the Upper Tribunal in PA (Protection claim, Respondent’s enquiries, Bias) [2018] UKUT 337 (IAC); at least if your confidentiality is preserved. Officials checked
In AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234, the Court of Appeal has in effect rebuffed an attempt
A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to
This is the second of two Court of Appeal cases this year about whether the Home Office behaved unlawfully towards vulnerable child asylum seekers during
In C-369/17 Ahmed, the Court of Justice of the European Union has held that member states must take account of all the circumstances of the
The UK authorities do not emerge with much humanitarian credit from this newly reported tribunal case. For years the government has strenuously resisted the obviously
TF and MA v Secretary of State for the Home Department [2018] CSIH 58 is a recent Court of Session (Inner House) decision which addresses
The Court of Appeal has held that the UN Refugee Convention should not be interpreted to include an implied type of derivative refugee status for the family members of refugees. As a result, anyone who was granted refugee status under UK law as the family member of a recognised refugee...
In Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345, the Court of Appeal has held that the Home Office can cease refugee status where there has been a change of circumstances in the refugee’s country of origin such that it is possible for them...
The First-tier and Upper Tribunals seem to have gone rather badly wrong in the case of MAB (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 1253, involving an Iraqi doctor who was formerly employed to care for prisoners by Iraqi military intelligence. The Court of...
Stephen Yaxley-Lennon, Paul Harris or Tommy Robinson or whatever he calls himself today, has directly appealed to President Donald Trump to be granted asylum and evacuated to safety in the United States in an interview with notorious website Infowars. I won’t link to them, but you can look it up...
States have domestic and international legal obligations to provide suitable housing for unaccompanied asylum-seeking children. But a vulnerable young client at the Refugee Legal Support (RLS) clinic in Athens was last month kicked out of his accommodation for breaking the shelter’s rules. Jay*, a 17-year-old boy from Afghanistan, was condemned...
The High Court has ordered the Home Office to return an asylum seeker to the UK from Uganda because her 2013 asylum appeal hearing was unfair. PN v Secretary of State for the Home Department [2019] EWHC 1616 (Admin) is the latest in a series of cases about the consequences...
Official government guidance claims that victims of human trafficking get rich from being sexually exploited in the UK and can be refused asylum, it has emerged. A new Home Office policy document on women trafficked from Nigeria says that those who become “wealthy from prostitution” enjoy “high socio-economic status” and...
This week the Court of Appeal quashed the certification of an Albanian asylum claim as “clearly unfounded”. In SP (Albania) v Secretary of State for the Home Department [2019] EWCA Civ 951, the court found that the Home Office had not properly investigated the appellant’s account of being persecuted before...
The inelegant phrase “a sufficiency of protection” originates in a now obscure series of tribunal determinations from the 1990s. It was eventually entrenched in law by the House of Lords case of Horvath [2001] AC 489, but the diverse judgments of their Lordships combined with the inherent tensions in the...
AL (Albania) [2019] EWCA Civ 950 is a new Court of Appeal judgment which says some important things about the approach a tribunal judge should take to factual findings made by another tribunal judge in a related appeal. In this case, AL’s elder brother had claimed asylum on much the...
Immigration judges must assess whether an asylum seeker had a reasonable opportunity to claim asylum in a safe third country before holding that a failure to do so should damage their credibility, the Court of Appeal has ruled. KA (Afghanistan) v Secretary of State for the Home Department [2019] EWCA...
It was hailed as an emergency solution to the refugee crisis but figures reveal that only 36 Syrians had been removed from Greece under the “EU-Turkey statement” by the end of 2018, write Taimour Lay and Theodoris Zeis. It is over three years since the “EU-Turkey statement” on the Mediterranean...
There are growing concerns around the Home Office’s treatment of children and young people from Albania, with legal practitioners now raising the alarm about the increasing certification of Albanian asylum applications as ‘clearly unfounded’. At the same time, significant gaps in evidence are consistently acting as a barrier to successful...
In March 2018, the Upper Tribunal promulgated the country guidance decision AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118. The tribunal dismissed AS’s appeal and provided guidance on the suitability of Kabul as a site for “internal relocation”. It broadly held that relocation to Kabul was generally safe and...
It’s not often these days that we see a positive result from the Court of Appeal, but just before the bank holiday two out of three Lord Justices declared that Home Office policy on assessing the age of asylum seekers is unlawful. The case is BF (Eritrea) v Secretary of...
The Court of Justice of the European Union has decided in joined cases C‑391/16, C‑77/17 and C‑78/17 M, X and X that recognised refugees who commit serious crimes can be lawfully deprived of their refugee status under EU law and that there is no incompatibility on this issue between EU...
In 2011, the landmark case of MSS v Belgium and Greece concluded that conditions in Greece were so dire, asylum seekers’ human rights would be breached if returned. Removals to Greece under the Dublin III Regulation were suspended as a result. Though conditions in Greece remain critical, in December 2016...
Government guidance asserts that an asylum claim based on a blood feud in Albania is likely to be certifiable as clearly unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002. In my view, this is fundamentally misconceived. Certification under section 94 is a draconian measure which deprives...
The Court of Justice of the European Union has today handed down judgment in the case of C-163/17 Jawo. The court held that asylum seekers cannot be sent back even to a fellow EU member state if they are at substantial risk of inhuman or degrading treatment, but set the...
In a unanimous decision the Court of Appeal have allowed the appeal of an Ahmadi who was unable to demonstrate that his case fell within the relevant country guidance decision of MN and others (Ahmadis- country conditions- risk) Pakistan CG [2012] UKUT 389 (IAC). The case is WA (Pakistan) v...
The Supreme Court has had to remind the immigration tribunal that self inflicted torture by proxy (SIBP) is inherently unlikely. Self inflicted torture by proxy is the least worst phrase so far devised for describing the idea — and it really is just an idea, a figment of someone’s fevered...
In Mohammad Racheed v Secretary of State for the Home Department [2019] CSIH 8, the Inner House of the Court of Session held that a judicial review challenge to the certification of a human rights claim to remain in the UK as “clearly unfounded” can include new evidence. Mr Racheed,...
In a newly reported judgment the Upper Tribunal has quashed the Secretary of State’s decision to refuse a request from the Greek government to take charge of the asylum claims of a mother and her three children so they could reunite with the father, who lives in the UK. The...
With so much focus on whether an asylum seeker has established a well founded fear of persecution in their country of origin, the question of whether their appeal falls to be allowed under Article 8 of the European Convention on Human Rights is often given only cursory attention. However, it...
Credit where it’s due. In numerous claims and fresh claims for asylum for well over half a decade now, the firm of Barnes Harrild & Dyer has been presenting the Secretary of State for the Home Department with various reports by Professor Emile Joffé giving his expert opinion about the...
The Court of Appeal has ruled that appeal decisions made using the 2005 Fast Track Rules are not necessarily unfair and unlawful, even though the procedural rules generated an inevitable risk of unfairness in a significant number of cases. This means that the potential unfairness in each appeal decision must...
AM (Iran) v Secretary of State for the Home Department [2018] EWCA Civ 2706 demonstrates the Court of Appeal’s increasing tendency to find any reason to reject the appeals of foreign criminals. AM is an individual deserving of no sympathy. He has been convicted of raping a 17 year old...
A statement of changes to the Immigration Rules was published today, 11 December 2018. The main changes are to introduce the pilot scheme for short-term agricultural workers that was announced earlier this year, and to expand the domestic violence settlement scheme to cover refugees. The more fundamental changes to Tier...
Claiming asylum can be a traumatic experience. Having to relive the worst events in your life while you undergo a series of interviews and hearings is bad enough. It is even worse when Home Office officials are highly sceptical about a young person’s account, based on a selective or mistaken...
A v Secretary of State for the Home Department [2016] CSIH 38 is an important 2016 decision from the Court of Session in Scotland, the full impact of which has still to be felt. It concerns the Immigration Rules, as they apply to spouses of refugees, where the spouse has...
In a robust judgment yesterday, the High Court found the decision of the Home Office to cut weekly benefits to asylum-seeking victims of trafficking was unlawful. The rate was previously set at £65 per week and was dramatically cut by 42% from 1 March 2018, to £37.75 per week (the...
About 18 months ago, the Home Office announced that refugees would no longer get indefinite leave to remain automatically after being in the UK for five years. Officials are now supposed to review whether the refugee still needs the protection of the British government: All those who apply for settlement...
So says the Upper Tribunal in PA (Protection claim, Respondent’s enquiries, Bias) [2018] UKUT 337 (IAC); at least if your confidentiality is preserved. Officials checked Bangladeshi police records for evidence of persecution PA, a Bangladeshi national, claimed asylum in April 2016 on the basis that he was an active member...
In AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234, the Court of Appeal has in effect rebuffed an attempt by the UN High Commissioner for Refugees to make it easier to establish statelessness. The court ruled that the standard of proof for determining a...
A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to caseworkers on whether and when they can write to applicants to ask for missing documents. (Whether they will in practice or still refuse for...
This is the second of two Court of Appeal cases this year about whether the Home Office behaved unlawfully towards vulnerable child asylum seekers during and after the demolition of the Calais refugee camp in 2016. The first appeal, R (Citizens UK) v SSHD [2018] EWCA Civ 1812, concerned children...
In C-369/17 Ahmed, the Court of Justice of the European Union has held that member states must take account of all the circumstances of the crime committed by an individual before deciding that it is a “serious crime” which justifies excluding that person from subsidiary protection. What is subsidiary protection...
The UK authorities do not emerge with much humanitarian credit from this newly reported tribunal case. For years the government has strenuously resisted the obviously meritorious and compassionate request by a stateless refugee family to be reunited. As a result of blind adherence to strict rules and a deliberately narrow...
TF and MA v Secretary of State for the Home Department [2018] CSIH 58 is a recent Court of Session (Inner House) decision which addresses two key themes within the immigration and asylum sphere. Firstly, the extent to which adverse credibility findings against an appellant on the basis of one...