All Articles: Asylum

3rd country cases

There were developments last week in the world of third country removal cases, and now seems like a good moment to review the current position.

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Culture of disbelief

Claims have emerged from a UKBA staff member previously based at Cardiff that her colleagues were abusive to asylum seekers both to their faces and

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Children and refugee status

Just a quick warning to practitioners. There have been a small number of examples recently of UKBA granting five years’ status to children recognised as

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Guardian piece

My my, one gets more comments on The Guardian website than on Free Movement! I’ve been busy in court all day (on a non immigration

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Permission to work

UPDATE: see this judgment. There have been some interesting developments on permission to work for Legacy asylum seekers. Click here for the Story So Far.

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Iraqi removals flight

News just in: Mr Justice Davis sitting in the High Court has ordered the Home Office to disclose ‘details of the route and destination’ of

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The Truth

I’ve come across some interesting articles on ‘credibility’ through the Forced Migration Current Awareness Blog. This is an excellent blog which records various publications on

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Sudanese test case

It has taken me a while to get around to posting on the House of Lords judgment in the Sudanese test case, SSHD v AH

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There were developments last week in the world of third country removal cases, and now seems like a good moment to review the current position. The Dublin II Regulation (not its official title) enables EU states to return an asylum seeker to the country through which the asylum seeker first...

13th February 2010
BY Free Movement

Claims have emerged from a UKBA staff member previously based at Cardiff that her colleagues were abusive to asylum seekers both to their faces and behind their backs when discussing their applications. The claims are detailed, specific and plausible. If I had to use a single word to describe them,...

3rd February 2010
BY Free Movement

Just a quick warning to practitioners. There have been a small number of examples recently of UKBA granting five years’ status to children recognised as refugees on the basis of their membership of a particular social group based on their age, but in the letter accompanying the status papers warning...

23rd December 2009
BY Free Movement

The case of TK (Tamils, LP updated) Sri Lanka CG [2009] UKAIT 00049 is next on the carousel. As can be seen from the title, it deals with the current situation on the ground in Sri Lanka since the military defeat of the LTTE in May 2009. The country guidance...

16th December 2009
BY Free Movement

My my, one gets more comments on The Guardian website than on Free Movement! I’ve been busy in court all day (on a non immigration case) and get back to find that there were 87 comments on the short piece I’ve done for Liberty Central at The Guardian’s website. I...

29th October 2009
BY Free Movement

UPDATE: see this judgment. There have been some interesting developments on permission to work for Legacy asylum seekers. Click here for the Story So Far. I read in some stakeholder minutes recently that UKBA thought it had only be judicially reviewed once about failure to grant permission to work following...

23rd October 2009
BY Free Movement

In the recent case of MS and others (family reunion: “in order to seek asylum”) Somalia [2009] UKAIT 00041 the tribunal looked at the refugee family reunion rules and came to the slightly surprising conclusion that not all refugees have the same rights. A recognised refugee who arrived in the...

19th October 2009
BY Free Movement

In an unusually dramatic move, the Presenting Officer in the recent case of KB (para: 320(7A): “false representations”) Albania [2009] UKAIT 00043 served a section 40 notice on a witness in the case, thereby depriving him of his British citizenship. There is a right of appeal to the tribunal against...

15th October 2009
BY Free Movement

News just in: Mr Justice Davis sitting in the High Court has ordered the Home Office to disclose ‘details of the route and destination’ of a proposed removals flight to Iraq. Rumours about this charter flight have been flying and the Home Office have been, unusually, refusing to provide any...

14th October 2009
BY Free Movement

It appears that UKBA have genuinely gone nuts. From tomorrow, 14 October 2009, they are requiring that any further submissions in an asylum case must be made in person by appointment. At the same time UKBA is now requiring that all initial claims for asylum made inside the UK (rather...

13th October 2009
BY Free Movement

I thought it was high time for a general advice post, as it’s been a while since the last one. This one is about fresh claims for asylum. A failed asylum seeker can apply for asylum again; this is referred to as a ‘fresh claim’. By ‘asylum’, I’m referring here...

20th May 2009
BY Free Movement

I’ve come across some interesting articles on ‘credibility’ through the Forced Migration Current Awareness Blog. This is an excellent blog which records various publications on all sorts of interesting subjects and effectively catalogues them, making future access possible. Links often appear on Free Movement in the bottom left hand feed...

24th March 2009
BY Free Movement

It has taken me a while to get around to posting on the House of Lords judgment in the Sudanese test case, SSHD v AH (Sudan) [2007] UKHL 49. This might be at least partly explained by my not wanting to have to post on it, as if this act...

29th November 2007
BY Free Movement

A little too reminiscent of Cromwell’s New Model Army, perhaps, the New Asylum Model is supposed to herald a new age of high quality Home Office asylum decision making. The Home Office already seem to have stopped referring to it as being New, but as with ‘New Labour’ it may...

8th May 2007
BY Free Movement

I’m still catching up on a few developments while I was away over Easter, and have just read the Court of Appeal case of AH (Sudan) and Others v SSHD [2007] EWCA Civ 297, which came out on 4 April 2007. This is yet another Country Guideline case which has...

12th April 2007
BY Free Movement

The Court of Appeal has yet again overturned the Asylum and Immigration Tribunal’s attempt definitively to establish whether a failed asylum seeker is at risk of ill-treatment by the Zimbabwe secret service at Harare airport following a forced removal there. That’s a sentence and a half. But it’s a case...

8th March 2007
BY Free Movement
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