Unaccompanied children and Dublin III: the latest instalment
26 January 2018
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In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of
In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of
In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and
In A v Switzerland (application no. 60342/16), the European Court of Human Rights considered the risk of ill treatment on return to Iran for Christian converts.
The UK and France have agreed a new Sandhurst Treaty on the management of their shared border. We’ve heard the spin from Macron and May,
Asylum support must provide a safe place to live and enough money for people to look after themselves and their families. An extra 80p a
Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC
Recent statistics on asylum grants to gay people represent a breakthrough rather than a breakdown in the system – acting as a sword, rather than
The refugee definition Engagement of the CJEU with asylum issues Since the jurisdiction of the Court of Justice of the European Union was expanded to
Selective participation in CEAS Participation in the Common European Asylum System is not necessarily “all or nothing”, nor does it absolutely require membership of the
The issue of asylum and the refugee crisis in Europe played a very significant part in the debate on Britain’s continuing membership of the European
A new report helps fill some of the gaps in our understanding of the situation facing young men sent back to Afghanistan, writes Maya Pritchard
New research helps practitioners identify best practice in representing female asylum seekers writes Debora Singer MBE, Senior Policy Adviser at Asylum Aid. What do women
In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum
Further submissions are notoriously difficult to prepare. In PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017]
Upper Tribunal Judge Rintoul’s elegant, succinct summary of the law on age assessment, with which he opens the determination in R (AS) v Kent County
Daniel Negassi v the United Kingdom (application no. 64337/14) was an appeal to the European Court of Human Rights with a complaint that the Home
In Bedford County Council v GE (Eritrea) [2017] EWCA Civ 1521 the Court of Appeal refused to overturn an age assessment simply because the local
Warning: contains spoilers. And information about the plot too. See also my review of the original Paddington film. Let me say at the outset that
Carles Puigdemont, erstwhile President de la Generalitat de Catalunya, fled Spain to Belgium this week following his parliament’s unilateral declaration of independence for Catalonia. Several of
Majid Shiri, an Iranian national, arrived in Austria through Bulgaria in 2015. He made an asylum claim in Bulgaria in February of that year but
Newcomers to the UK, whether they have immigration status or not, face formidable obstacles in accessing services such as housing or social security. This is
The difficulty of presenting asylum claims based on religion is well known. Such claims raise difficult evidential problems, which are addressed in this detailed post
Stateless people in the UK face enormous hurdles in the road to becoming British citizens. One of those barriers is the extraordinarily high cost of
The Upper Tribunal overturned several decisions concerning the grant of Discretionary Leave to Remain to a victim of human trafficking in FT, R (on the application of)
What happens where the Upper Tribunal makes a mistake in a country guidance case? And in what circumstances will the Court of Appeal have jurisdiction
The Supreme Court in the case of the Lord Advocate (representing the Taiwanese Judicial Authorities) (Appellant) v Dean (Respondent) (Scotland) [2017] UKSC 44 considered the first occasion
For some reason the Home Office has just released a swathe of inspection reports into a wide range of Home Office operations. In practical terms,
After more than a decade since Limbuela, and three years after Refugee Action, Home Office policy continues to drive asylum seekers into destitution. The Refugee
The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account
In tribute to beloved author Michael Bond (1926-2017), who died yesterday, I am republishing this blog post reviewing the film Paddington, based on the character
In March 2017 the Home Office announced a new policy of reviewing whether all refugees require protection at the end of a 5 year initial
The pilot of the Athens Refugee Legal Support Project has now run for 2 months now. We work out of a community centre in Athens
“Why don’t asylum seekers stop before they get here?” I have been asked this question many times. There are lots of safe countries on the
R (Bashir) v Secretary of State for the Home Department [2017] EWCA Civ 397 The British Sovereign Base Areas (“SBAs”) are small British-run areas on
Case C-36/17: Daher Muse Ahmed v Bundesrepublik Deutschland The EU does not want asylum seekers to ‘shop around’ its Member States. To this end, various
Is the First-Tier Tribunal (FTT) bound to take into account a Country Guidance (CG) case that is issued by the Upper Tribunal after the date
To summarise, figuratively the Secretary of State does not have a leg upon which to stand either factually or legally. These were the words used
LC (Albania) v Secretary of State for the Home Department [2017] EWCA Civ 340. The Home Office has relied on outdated guidance to determine asylum
In an oral decision in the case of R (on the application of AO & AM) v Secretary of State for the Home Department (stay
Shortly after Christmas in 2009, a young woman from Somalia flew into Stanstead and claimed asylum. She had just turned 18. As later accepted by
In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of Article 17 of the Dublin III regulation, the so-called “discretionary clause”, and found it to be narrow indeed. The challenge RSM, an unaccompanied child in...
In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and use psychologists’ expert reports to assess the sexual identity of an asylum seeker. I personally find the fact that this issue went to...
In A v Switzerland (application no. 60342/16), the European Court of Human Rights considered the risk of ill treatment on return to Iran for Christian converts. In this case the applicant had converted to Christianity whilst seeking asylum in Switzerland; a sur place asylum claim. The applicant was unsuccessful, primarily on...
Asylum support must provide a safe place to live and enough money for people to look after themselves and their families. An extra 80p a week doesn’t cut it, writes Hannah Cooper, senior research and policy officer at Refugee Action. People seeking asylum will soon be entitled to an extra...
Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112, which concerned a Jamaican national originally granted asylum as a dependant of his mother in 2003. The court considers...
Recent statistics on asylum grants to gay people represent a breakthrough rather than a breakdown in the system – acting as a sword, rather than shield, in advancing protection of queer refugees, argues S Chelvan of No5 Barristers Chambers. Long-awaited experimental statistics on asylum claims based on sexual orientation were...
The refugee definition Engagement of the CJEU with asylum issues Since the jurisdiction of the Court of Justice of the European Union was expanded to include asylum matters, we have a fairly steady rise in the number of judgments on these issues. Most concern procedural measures which are specific to...
Selective participation in CEAS Participation in the Common European Asylum System is not necessarily “all or nothing”, nor does it absolutely require membership of the EU. Even within the EU, involvement in CEAS is also selective in some cases. However, it is doubtful that selective participation would be possible by...
The issue of asylum and the refugee crisis in Europe played a very significant part in the debate on Britain’s continuing membership of the European Union in the run up to the Brexit referendum in June 2016. Many commentators consider that the issue of immigration proved decisive, in fact, and...
A new report helps fill some of the gaps in our understanding of the situation facing young men sent back to Afghanistan, writes Maya Pritchard of Asylos. While we await the outcome of AS (Afghanistan), the country guidance case currently before the Upper Tribunal addressing the safety of Kabul, for...
New research helps practitioners identify best practice in representing female asylum seekers writes Debora Singer MBE, Senior Policy Adviser at Asylum Aid. What do women who have been through the asylum appeals process think of their legal representative? I liked the last experience … everyone was so positive … we’re...
In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum seekers could be returned to Bulgaria under the Dublin III Regulation. Removal would not violate the appellants’ Article 3 rights, despite medical reports on their...
Further submissions are notoriously difficult to prepare. In PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 1946 the Court of Appeal has highlighted the need for focussed representations that make specific reference to all evidence and country information being...
Upper Tribunal Judge Rintoul’s elegant, succinct summary of the law on age assessment, with which he opens the determination in R (AS) v Kent County Council (age assessment; dental evidence) [2017] UKUT 446, reminds us that pinpointing the age of a young person claiming asylum, other than where there is...
Daniel Negassi v the United Kingdom (application no. 64337/14) was an appeal to the European Court of Human Rights with a complaint that the Home Office’s failure to grant Mr Negassi permission to work, while waiting for a decision on his asylum claim, was a breach of his right to...
In Bedford County Council v GE (Eritrea) [2017] EWCA Civ 1521 the Court of Appeal refused to overturn an age assessment simply because the local authority disagreed with judicial findings of fact. The judgment upheld the Administrative Court’s decision that GE was born on 27 September 1994, making her 16...
Warning: contains spoilers. And information about the plot too. See also my review of the original Paddington film. Let me say at the outset that Paddington 2 is a deeply unrealistic film. As a Paddington fan and father of two young children I had no problem suspending my disbelief to...
Carles Puigdemont, erstwhile President de la Generalitat de Catalunya, fled Spain to Belgium this week following his parliament’s unilateral declaration of independence for Catalonia. Several of his ministers followed him into exile. A European Arrest Warrant will soon be issued seeking their extradition back to Spain to face criminal charges....
Majid Shiri, an Iranian national, arrived in Austria through Bulgaria in 2015. He made an asylum claim in Bulgaria in February of that year but claimed asylum in Austria the following month. The Austrian authorities asked Bulgaria to take Mr Shiri back under the Dublin III Regulation, which ‘take back request’...
Newcomers to the UK, whether they have immigration status or not, face formidable obstacles in accessing services such as housing or social security. This is a look at some common scenarios and how foreign nationals and their advisers deal with them. They are based on real client cases. Scenario one:...
The difficulty of presenting asylum claims based on religion is well known. Such claims raise difficult evidential problems, which are addressed in this detailed post by Colin Yeo. But AS (Iran) v Secretary of State for the Home Department [2017] EWCA Civ 1539 seems to pose a novel difficulty: should...
Stateless people in the UK face enormous hurdles in the road to becoming British citizens. One of those barriers is the extraordinarily high cost of acquiring British citizenship, writes Asylum Aid’s Cynthia Orchard. The UK government has taken some steps to ensure its approach to statelessness complies with international law....
The Upper Tribunal overturned several decisions concerning the grant of Discretionary Leave to Remain to a victim of human trafficking in FT, R (on the application of) v the Secretary of State for the Home Department [2017] UKUT 331(IAC). The background to the case is that of the Home Office failing to appropriately...
What happens where the Upper Tribunal makes a mistake in a country guidance case? And in what circumstances will the Court of Appeal have jurisdiction to hear an appeal against an Upper Tribunal decision that has already been remitted to the First Tier Tribunal? Both of these interesting issues crop...
The Supreme Court in the case of the Lord Advocate (representing the Taiwanese Judicial Authorities) (Appellant) v Dean (Respondent) (Scotland) [2017] UKSC 44 considered the first occasion on which Taiwan has sought to extradite a British national. On appeal from the Appeal Court of the High Court of Justiciary (‘the...
For some reason the Home Office has just released a swathe of inspection reports into a wide range of Home Office operations. In practical terms, this makes it impossible for the press to pick out more than one or two stories from the reports and it therefore very effectively reduces...
After more than a decade since Limbuela, and three years after Refugee Action, Home Office policy continues to drive asylum seekers into destitution. The Refugee Action report, Slipping Through the Cracks, candidly outlines these failings of the asylum support system. This is hardly the first time these sorts of flaws...
The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to a threat to his life or...
In tribute to beloved author Michael Bond (1926-2017), who died yesterday, I am republishing this blog post reviewing the film Paddington, based on the character created by Bond. The blog post was originally published on 1 December 2014 and versions of it appeared in the New Statesman and Financial Times....
In March 2017 the Home Office announced a new policy of reviewing whether all refugees require protection at the end of a 5 year initial period of Refugee Status. This policy is effective for all existing and future applications for Indefinite Leave to Remain (‘ILR’) as a Refugee. This policy...
The pilot of the Athens Refugee Legal Support Project has now run for 2 months now. We work out of a community centre in Athens with the support of ILPA and Garden Court Chambers. Weekly reports from UK legal volunteers (solicitors, barristers, case workers) tell a similar story. The Greek...
R (Bashir) v Secretary of State for the Home Department [2017] EWCA Civ 397 The British Sovereign Base Areas (“SBAs”) are small British-run areas on the Cyprus islands that survived the former colony’s independence. The Home Office has taken the position for a number of years that the Refugee Convention...
Case C-36/17: Daher Muse Ahmed v Bundesrepublik Deutschland The EU does not want asylum seekers to ‘shop around’ its Member States. To this end, various Regulations exist to prevent someone who has already claimed asylum in one Member State from subsequently doing so in another. But what if an applicant...
Is the First-Tier Tribunal (FTT) bound to take into account a Country Guidance (CG) case that is issued by the Upper Tribunal after the date of the FTT hearing, and after the date the FTT judge signs the determination, but before that determination is promulgated? The short answer, in general,...
To summarise, figuratively the Secretary of State does not have a leg upon which to stand either factually or legally. These were the words used by Mr Justice McCloskey, president of the Upper Tribunal, in the judicial review case of Mohamed Al-Anizy. Needless saying, he was not very impressed by...
LC (Albania) v Secretary of State for the Home Department [2017] EWCA Civ 340. The Home Office has relied on outdated guidance to determine asylum applications from Albanian nationals, the Court of Appeal has held. The judgment in LC (Albania) will have far-reaching effects for those people denied protection under...
Shortly after Christmas in 2009, a young woman from Somalia flew into Stanstead and claimed asylum. She had just turned 18. As later accepted by the Home Office, she had experienced severe depredations in her home country. This included her rape at the age of six in the presence of...