Permission to appeal in MS (Somalia)
13 April 2010
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Just a quick alerter post. This actually happened a couple of weeks ago but I was insanely busy at the time, then forgot to mention
Just a quick alerter post. This actually happened a couple of weeks ago but I was insanely busy at the time, then forgot to mention
The Big Fat Greek Test Case has been dismissed. Read all about it here. Permission has been granted to appeal to the Court of Appeal,
The Council of Europe’s Commissioner for Human Rights has intervened in a Strasbourg case on Greek refugee protection – or rather lack of it: The Commissioner
Judgment is out in JS (Sri Lanka), an appeal to the Supreme Court from KJ (Sri Lanka) in the Court of Appeal. Judgment here, summary
Further to my alerter post on this last month, the judgment is now available in the damning Third Country removals case on children. It is
The Court of Appeal has re-visited the proper approach to deciding whether fresh asylum claims meet the rule 353 test. The case is R (on
Mr Justice Collins has given a scathing judgment in a grant of permission to a judicial review challenge to the practice of the Home Office’s
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.
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
Just a quick alerter post. This actually happened a couple of weeks ago but I was insanely busy at the time, then forgot to mention it. Permission was granted by the Court of Appeal in MS and others (family reunion: “in order to seek asylum”) Somalia [2009] UKAIT 00041 on...
The Big Fat Greek Test Case has been dismissed. Read all about it here. Permission has been granted to appeal to the Court of Appeal, though. No news on what will happen to other cases stayed behind Saaedi but they’ll probably stay stayed. Read about the third country removals litigation...
The Council of Europe’s Commissioner for Human Rights has intervened in a Strasbourg case on Greek refugee protection – or rather lack of it: The Commissioner concluded that current asylum law and practice in Greece are not in compliance with international and European human rights standards, expressing at the same...
Judgment is out in JS (Sri Lanka), an appeal to the Supreme Court from KJ (Sri Lanka) in the Court of Appeal. Judgment here, summary here. The Secretary of State’s appeal was dismissed and the Court of Appeal judgment largely upheld, other than in respect of too tightly defining liability...
Further to my alerter post on this last month, the judgment is now available in the damning Third Country removals case on children. It is called R (on the application of T) v Secretary of State for the Home Department [2010] EWHC 435 (Admin). As expected, the judgment is scathing....
The Court of Appeal has re-visited the proper approach to deciding whether fresh asylum claims meet the rule 353 test. The case is R (on the application of YH) v Secretary of State for the Home Department [2010] EWCA Civ 116 and it effectively supersedes WM (DRC) and interprets the...
Mr Justice Collins has given a scathing judgment in a grant of permission to a judicial review challenge to the practice of the Home Office’s Third Country Unit (TCU) in detaining and removing children to supposedly safe third countries such as Greece and Italy. The case was heard yesterday and...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...