Judgment in the Calais children case
29 January 2016
1 Comment
Full judgment is available here: R (on the application of ZAT and Others) v Secretary of State for the Home Department (Article 8 ECHR – Dublin
Full judgment is available here: R (on the application of ZAT and Others) v Secretary of State for the Home Department (Article 8 ECHR – Dublin
This announcement is being reported differently in different outlets. The actual text of the announcement so far (a Ministerial statement will follow later today) is
Over the last two weeks a local group, with ever mounting, incredible support from so many through word of mouth and social media, raised funds
Several news outlets are reporting this morning that the Dublin III Regulation is likely to be scrapped by the Commission in March. It may be
In yet another example of a refugee who was not properly advised on his defence to a prosecution for illegal entry, Shabani, Re [2015] EWCA
In a very interesting judgment the Canadian Supreme Court has declared unconstitutional the criminal offence of organising, inducing, aiding or abetting undocumented entry. The case
The Home Office has updated its guidance on asylum claims by EU nationals (Asylum Policy Instruction EU/EEA Asylum Claims) to reflect changes to the Immigration
Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for
Yesterday Home Secretary Theresa May gave a speech on immigration and asylum issues at the Conservative Party conference in Manchester. It was a nakedly political
The first week of September 2015. On the most northerly coast of Lesvos, one of the most easterly outposts of Greece’s many islands and a
In last weekend’s Sunday Times, Nigel Lawson lashed out at the emotional response of leading politicians and spiritual leaders to the image of “the sight
Monday: 3:30pm. Like most asylum lawyer geeks — you know who you are — I was hanging on every word of the Prime Minister when
Germany has taken the extremely welcome step of suspending the transfer of Syrian asylum seekers under the Dublin III Regulation. As long ago as November
In the absence of legal means by which to enter countries of sanctuary, refugees resort to the use of irregular means of entry. Some will falsely
A consultation and impact assessment on the new panic proposals to remove asylum support for failed asylum seekers have been published. These reveal the details
Finding Home: Real Stories of Migrant Britain is a new book by Emily Dugan. Emily is Social Affairs Editor at The Independent and has reported
“Cockroaches” according to Katie Hopkins. A “swarm” according to our likeminded Prime Minister, David Cameron, and The Daily Mail (again). An “army” according to the
The Upper Tribunal has found in the case of MSM (journalists; political opinion; risk) Somalia [2015] UKUT 00413 (IAC) [BAILII](with UNHCR intervening) that a Somali journalist
In May 2000 I began work at the Oakington “Reception” Centre near Cambridge for the Immigration Advisory Service, a charity offering legal advice and assistance
Sir Nicholas Winton, who as a young stockbroker in 1939 organised the rescue of 669 children from Nazi concentration camps, died yesterday age 106. The
The official country information watchdog, the Independent Advisory Group on Country Information, has criticised the Home Office’s use of country information on the situation in Eritrea. The
The Supreme Court yesterday handed down judgment in TN, MA and AA (Afghanistan) v Secretary of State for the Home Department [2015] UKSC 40, in which
There have been some significant recent developments in the Dublin system, which is the means by which people who enter the United Kingdom and claim
The House of Commons Library has issued an interesting briefing on the UK approach to Syrian refugees. Hat tip to ILPA for spotting it. The UK
The key reason why women are refused asylum in Europe is because they are not believed. So let’s imagine a woman comes to the UK
The Administrative Court last week (22.5.15) handed down judgment in the case of R (on the application of AB) v Secretary of State for the
The treatment of lesbian, gay, bisexual and trans asylum seekers has been notoriously poor for many years. In 2010, my organisation, the UK Lesbian and
Anyone working with child asylum seekers — lawyers, civil servants, judges — should read UNHCR’s new publication The Heart of the Matter: Assessing Credibility when Children
James Brokenshire, until the dissolution of Parliament last week the Minister of Immigration [EDIT: I am reliably informed that he is still the Minister –
The image above is of a Californian doctor sobbing outside the hospital building having lost the 19 year old patient on whom he was operating.
A successful judicial review claim by a trafficking victim is reported at R (on the application of FM) v Secretary of State for the Home Department
Back in July 2014 I picked through the official Home Office quarterly statistics to plot the refusal rate for visa applications by Syrians to travel
In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in
The Supreme Court last week rejected the Home Office’s attempt to keep Jamaica on the list of safe countries for asylum claims despite an estimated
The circumstances in which an asylum claim may be treated as abandoned by an applicant have been extended with effect from 27 February 2015. Statement
MM (Darfuris) Sudan (CG) [2015] UKUT 10 (IAC) is a commendably concise and to the point new Country Guidance case on Sudan and Darfuris: In
In an arguably less than ideal piece of timing the Upper Tribunal has finally, just two days before Christmas, issued the long awaited Country Guidance
Dear Jesus, You have applied for asylum in the United Kingdom and asked to be recognised as a refugee under the 1951 Convention Relating to the
In welcome news for LGBT asylum claimants, the Court of Justice of the European Union ruled this week that ‘tests’ to prove a claimant’s sexual orientation,
The Independent reported at the end of last week that an “expert” linguist at controversial commercial linguistic analysis company SPRAKAB has lied about his qualifications and
Full judgment is available here: R (on the application of ZAT and Others) v Secretary of State for the Home Department (Article 8 ECHR – Dublin Regulation – interface – proportionality) IJR [2016] UKUT 61 (IAC). The applicant children were all clearly very vulnerable and all had family members in...
This announcement is being reported differently in different outlets. The actual text of the announcement so far (a Ministerial statement will follow later today) is as below. There is a clear reference to reuniting children in Europe with refugee family members already in the UK, which is very much to...
Over the last two weeks a local group, with ever mounting, incredible support from so many through word of mouth and social media, raised funds and collected priority items to take to the Calais ‘Jungle’ and Dunkirk camp. We filled 3 large vans and a car with men’s clothes, blankets,...
Several news outlets are reporting this morning that the Dublin III Regulation is likely to be scrapped by the Commission in March. It may be that Peter Sutherland, the UN Special Representative on Migration, was right when he said last year that the Regulation was “dead”. If it is dead...
In yet another example of a refugee who was not properly advised on his defence to a prosecution for illegal entry, Shabani, Re [2015] EWCA Crim 1924 (22 July 2015), the Lord Chief Justice has overturned the conviction but this time has also referred the solicitors responsible for investigation by...
In a very interesting judgment the Canadian Supreme Court has declared unconstitutional the criminal offence of organising, inducing, aiding or abetting undocumented entry. The case is R. v. Appulonappa – SCC Cases (Lexus). This post reviews that case and then goes on to consider whether similar reasoning might here in...
The Home Office has updated its guidance on asylum claims by EU nationals (Asylum Policy Instruction EU/EEA Asylum Claims) to reflect changes to the Immigration Rules taking effect on 21 November 2015. These changes introduced a presumption that asylum claims by EU nationals are inadmissible and will not be considered...
Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of language and life tests are being introduced with effect from tomorrow, 12 November 2015. The changes are wrought by Statement...
Yesterday Home Secretary Theresa May gave a speech on immigration and asylum issues at the Conservative Party conference in Manchester. It was a nakedly political speech that was clearly intended to appeal to the right wing of the Conservative Party. Theresa May is positioning herself to make a bid for...
The first week of September 2015. On the most northerly coast of Lesvos, one of the most easterly outposts of Greece’s many islands and a far flung outpost of the European Union, nestles the beautiful fishing port of Skala Sykaminias reached by a melting tarmac road at the end of...
In last weekend’s Sunday Times, Nigel Lawson lashed out at the emotional response of leading politicians and spiritual leaders to the image of “the sight of a drowned toddler”, thereby causing us to believe it was necessary for the UK to accept more Syrian refugees. He thinks we should not...
Monday: 3:30pm. Like most asylum lawyer geeks — you know who you are — I was hanging on every word of the Prime Minister when he made his announcement on how many Syrian “refugees” would be provided resettlement in the UK. He was at pains to distinguish between refugees and...
Germany has taken the extremely welcome step of suspending the transfer of Syrian asylum seekers under the Dublin III Regulation. As long ago as November 2013 UNHCR called for countries not to return Syrian nationals to their first point of entry in the EU. As the war has worsened and...
In the absence of legal means by which to enter countries of sanctuary, refugees resort to the use of irregular means of entry. Some will falsely apply for and obtain a visit or student visa and then apply for asylum once within the UK. Others will use clandestine means to...
A consultation and impact assessment on the new panic proposals to remove asylum support for failed asylum seekers have been published. These reveal the details of the proposals. The summary of the Government’s preference in the impact assessment is: Remove support for failed asylum seekers whose asylum claim is finally...
Finding Home: Real Stories of Migrant Britain is a new book by Emily Dugan. Emily is Social Affairs Editor at The Independent and has reported with empathy on immigration issues on a number of occasions. I generally try to avoid films, television and books on immigration and asylum issues simply...
“Cockroaches” according to Katie Hopkins. A “swarm” according to our likeminded Prime Minister, David Cameron, and The Daily Mail (again). An “army” according to the popular press, who seem to think we should literally send troops into France (without asking the French, we can assume) to hold the thin red...
The Upper Tribunal has found in the case of MSM (journalists; political opinion; risk) Somalia [2015] UKUT 00413 (IAC) [BAILII](with UNHCR intervening) that a Somali journalist would be at risk of persecution if returned to Somalia and that, crucially, he cannot be expected to change profession in order to avoid...
In May 2000 I began work at the Oakington “Reception” Centre near Cambridge for the Immigration Advisory Service, a charity offering legal advice and assistance to detained asylum seekers. And what a reception we offered. It was my first proper job and, other than a demonstration outside Campsfield, my first...
Sir Nicholas Winton, who as a young stockbroker in 1939 organised the rescue of 669 children from Nazi concentration camps, died yesterday age 106. The children he saved were carried by train from Nazi-occupied Prague. The final train did not get out in time and all 250 children on board...
The official country information watchdog, the Independent Advisory Group on Country Information, has criticised the Home Office’s use of country information on the situation in Eritrea. The Guardian has picked up on the story and the full IAGCI report can be found here. [UPDATE: Human Rights Watch has written to...
The Supreme Court yesterday handed down judgment in TN, MA and AA (Afghanistan) v Secretary of State for the Home Department [2015] UKSC 40, in which the Court held that a breach of the family tracing duty in Regulation 6 of the Asylum Seekers (Reception Conditions) Regulations 2005 does not...
There have been some significant recent developments in the Dublin system, which is the means by which people who enter the United Kingdom and claim asylum are returned to the first EU country they have passed through. A child of five with a map could tell you that the system...
The House of Commons Library has issued an interesting briefing on the UK approach to Syrian refugees. Hat tip to ILPA for spotting it. The UK has taken in 4,000 Syrian refugees who managed to reach our shores to make a personal direct claim for asylum despite our best efforts...
The key reason why women are refused asylum in Europe is because they are not believed. So let’s imagine a woman comes to the UK to seek protection from human rights abuses. Let’s call her Malaika. Chances are that Malaika will have experienced some form of sexual violence before she...
The Administrative Court last week (22.5.15) handed down judgment in the case of R (on the application of AB) v Secretary of State for the Home Department [2015] EWHC 1490 (Admin), quashing a decision not to recognize AB as a victim of human trafficking for the purposes of the Council...
The treatment of lesbian, gay, bisexual and trans asylum seekers has been notoriously poor for many years. In 2010, my organisation, the UK Lesbian and Gay Immigration Group, exposed that 98-99% of gay and lesbian asylum seekers had been refused asylum and told to go back, often to violently homophobic...
Anyone working with child asylum seekers — lawyers, civil servants, judges — should read UNHCR’s new publication The Heart of the Matter: Assessing Credibility when Children Apply for Asylum in the European Union. It came out a couple of weeks ago but looking for it just now to update the...
James Brokenshire, until the dissolution of Parliament last week the Minister of Immigration [EDIT: I am reliably informed that he is still the Minister – thanks go to Alison Harvey!], has confirmed that the recent tightening of policy on granting British citizenship was not aimed at refugees. The change of...
The image above is of a Californian doctor sobbing outside the hospital building having lost the 19 year old patient on whom he was operating. It has gone viral on social media. It was also picked up in The Guardian in an interesting article by Deborah Orr: The image of...
A successful judicial review claim by a trafficking victim is reported at R (on the application of FM) v Secretary of State for the Home Department [2015] EWHC 844 (Admin) (26 March 2015). Philip Mott QC sitting as a Deputy High Court Judge found that the Home Office had unlawfully...
Back in July 2014 I picked through the official Home Office quarterly statistics to plot the refusal rate for visa applications by Syrians to travel to the UK since 2010. There are many Syrians with family or other links to the UK who, perhaps despite or perhaps because of the...
In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payments of welfare benefits to those asylum seekers who,...
The Supreme Court last week rejected the Home Office’s attempt to keep Jamaica on the list of safe countries for asylum claims despite an estimated 10% of the population in Jamaica being subject to persecution because they are gay. This blow to the Home Office came the same week that...
The circumstances in which an asylum claim may be treated as abandoned by an applicant have been extended with effect from 27 February 2015. Statement of Changes HC 1025 has inserted new wording into paragraph 333C of the Immigration Rules so that it provides: An application may be treated as...
MM (Darfuris) Sudan (CG) [2015] UKUT 10 (IAC) is a commendably concise and to the point new Country Guidance case on Sudan and Darfuris: In the country guidance case of AA (Non-Arab Darfuris-relocation) Sudan CG [2009] UKAIT 00056, where it is stated that if a claimant from Sudan is a...
In an arguably less than ideal piece of timing the Upper Tribunal has finally, just two days before Christmas, issued the long awaited Country Guidance decision on asylum claims by Pakistani Christians. The case is AK and SK (Christians: risk) Pakistan CG [2014] UKUT 00569 (IAC) and the hearing actually...
Dear Jesus, You have applied for asylum in the United Kingdom and asked to be recognised as a refugee under the 1951 Convention Relating to the Status of Refugees (Geneva Convention) on the basis that it would be contrary to the United Kingdom’s obligations under the Geneva Convention for you...
In welcome news for LGBT asylum claimants, the Court of Justice of the European Union ruled this week that ‘tests’ to prove a claimant’s sexual orientation, or intimate questioning about sexual behaviour, may breach the rights to human dignity and respect for private life contained in Articles 1 and 7...
The Independent reported at the end of last week that an “expert” linguist at controversial commercial linguistic analysis company SPRAKAB has lied about his qualifications and has a criminal conviction for smuggling drugs. It is rather questionable whether the “expert” testimony of such a person should be regarded as inherently...