All Articles: Asylum
People with disabilities are invisible in asylum information
Understandings of and responses to disability vary widely. In the field of international protection, the approach to disability tends to reflect policy and decision-making practices within host states, as well as the understandings and “unconsci ...
16th December 2021New statement of changes to the Immigration Rules: HC 913 (closing the door on Afghans)
And just like that we have a new statement of changes to the Immigration Rules. HC 913 was laid yesterday, 14 December 2021, and solely addresses changes to the Afghan Relocations and Assistance Policy (ARAP) and Ex Gratia Scheme for Locally Employed ...
15th December 2021Asylum by numbers: UK policies on granting refugee status rely too much on statistics
The Home Office issues Country Policy and Information Notes (CPINs) on the main countries that asylum seekers come from to seek protection in the United Kingdom. CPINs aim both to summarise country of origin information and to provide guidance to asyl ...
8th December 2021It is time to think about rejoining the EU’s Dublin asylum system
The “Dublin system” is the process within the European Union for allocating which country is responsible for deciding asylum applications. Its purpose is, essentially, to force refugees back to their point of entry into the EU, usually Gre ...
29th November 2021Cessation, Article 3 and removing refugees from the UK
In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status. The case is also a helpful reminder of when a serious criminal offence can and cannot lead ...
29th November 2021The meaning of “admissible” in statelessness cases
In R (AZ) v Secretary of State for the Home Department (statelessness “admissible”) [2021] UKUT 284 (IAC), the Upper Tribunal addressed the issue of admissibility to the country of former habitual residence in the context of statelessness applicat ...
29th November 2021The tragedy in the Channel
Yesterday, at least 27 people drowned in the Channel. We do not know exactly how many died yesterday or in recent months because the bodies are sometimes lost. A family of five were reported as drowned in October 2020 but the body of one of the childr ...
25th November 2021Nine problems with the asylum system that Priti Patel can’t blame on anyone else
Priti Patel has Been Very Clear that the problems in the asylum system are other people’s fault (including me and my “activist lawyer” colleagues) and that her Package Of New Measures will sort them out. But what do the government’s own expert ...
19th November 2021Fresh guidance on fresh claims
What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case should be treated as a fresh claim? These were the questions considered by the Upp ...
3rd November 2021Litigating to end statelessness
Strategic litigation has always been a priority for the European Network on Statelessness (ENS) and its members. Having previously practised in the UK as an asylum lawyer, I recognise that part of the fight to end statelessness must take place in the ...
26th October 2021Claiming humanitarian protection in medical treatment cases
Seriously ill migrants claiming humanitarian protection status must show that a persecutor would intentionally deprive them of medical treatment, the Upper Tribunal has confirmed. The case is NM (Art 15(b): intention requirement) Iraq [2021] UKUT 259 ...
25th October 2021How does the Home Office assess sexual identity in asylum claims?
People claiming asylum based on their sexual orientation, including homosexuality and bisexuality, may form part of a “particular social group” which qualifies for protection under the Refugee Convention. In deciding whether to accept an ...
22nd October 2021Give trafficked asylum seekers permission to stay, says High Court
The decision in R (KTT) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin), widely reported in the mainstream press this week, is a massive result for trafficking victims. The High Court has concluded that a trafficking victim who i ...
15th October 2021Book review: The Refugee in International Law by Goodwin-Gill and McAdam (4th edition)
The first edition of The Refugee in International Law, written by Guy Goodwin-Gill, was published in 1983 and is considered the birth of modern refugee law. For the third edition in 2007 Goodwin-Gill was joined by Jane McAdam as co-author. The fourth ...
14th October 2021Court of Appeal clears up how Article 8 works in Dublin III family reunion cases
In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8 in Dublin III family reunion judicial reviews. Unlawful refusal to accept Syrian asylum seeker The case was about an ...
13th October 2021Briefing: sea rescue of refugees in UK law and proposals for change
In a previous briefing we saw that customary international law, four international conventions and international human rights law all impose a duty on states to rescue those in distress at sea and to set up and maintain search and rescue services. We ...
11th October 2021Who can be sent back to Afghanistan?
Two months ago, the Home Office withdrew all but one of its country policy and information notes (CPINs) relating to Afghanistan. New decisions on Afghan asylum claims were halted, and in the immigration tribunals, Presenting Officers sought adjournme ...
11th October 2021Asylum seekers denied “essential living needs” during pandemic, finds High Court
In the case of JM v Secretary of State for the Home Department [2021] EWHC 2514, the High Court has held that the government failed to cater for asylum seekers’ essential living needs during the pandemic. The court found that JM, who was housed in ...
7th October 2021Asylum seeker right to work policy declared unlawful, again
There has been another successful challenge to the policy on asylum seekers undertaking paid work. In R (Cardona) v Secretary of State for the Home Department [2021] EWHC 2656 (Admin), the High Court has declared that Home Office policy on this issue ...
6th October 2021Patel pleads for time to stop Channel crossings
About half of the Home Secretary’s speech to the Conservative Party conference today was given over to immigration and asylum, but there were no new policy announcements. In fact it was, in structure, tone and content, much like last year’ ...
5th October 2021Briefing: the duty of refugee sea rescue in international law
In the absence of safe and legal routes to sanctuary countries in which they can rebuild their lives, refugees often resort to travel by unsafe means. The issue of rescuing refugees at sea has risen in global prominence, with an estimated 40,000 refug ...
5th October 2021Serious crime enough for humanitarian protection to be revoked
A serious crime is enough for humanitarian protection to be revoked, the Upper Tribunal has held. The case is Kakarash (revocation of HP; respondent’s policy) [2021] UKUT 235 (IAC). Appeal against loss of humanitarian protection initially allowed Mr ...
23rd September 2021Fast Track asylum appeals were not necessarily unfair, Supreme Court confirms
The fact that the Detained Fast Track asylum appeal process was systemically unfair doesn’t mean it was automatically unfair in every case decided under it, according to the Supreme Court. The case is TN (Vietnam) [2021] UKSC 41. TN is a Vietnamese ...
22nd September 2021Best practice in asylum and human rights appeals: a medical perspective
Mark Henderson, Rowena Moffatt and Alison Pickup have produced an update of the seminal Best Practice Guide to Asylum and Human Rights Appeals and (bless them) made it available online through the Electronic Immigration Network. As a dumb medic, I can ...
21st September 2021Only French cooperation can stop the Channel boats
The supposed “turn-around” policy for migrant boats is similar to previous reports of wave machines or floating fences. It sounds tough but will never be implemented. Policies aimed at the interception or interdiction of asylum seekers at sea are ...
13th September 2021Even as Afghans are resettled, refugee protection is under attack
In 1956, after Soviet tanks had rolled into Budapest, the United Kingdom resettled around 11,000 Hungarian refugees in a matter of months. In 1972, after Idi Amin gave them 90 days to leave, the United Kingdom resettled nearly 30,000 Ugandan Asian ref ...
6th September 2021Asylum backlog passes 70,000
The backlog of asylum cases has passed 70,000 despite a fall in the annual number of applications. Almost 71,000 asylum seekers, including dependants, were awaiting an initial decision on their claim for refugee status as of 30 June 2021, according to ...
26th August 2021New Home Office policy on medical evidence in asylum claims
The Home Office has published a new policy on Medical evidence in asylum claims. For years there had been policy on medico-legal reports from the Helen Bamber Foundation and Freedom from Torture. There was also a much scrappier policy on medical evide ...
19th August 2021Offshore processing doesn’t stop the boats, Australian experts warn
Sending asylum seekers to have their claims processed “offshore” as a deterrent to boat arrivals doesn’t work, according to Australian experts examining their own country’s experience. A policy briefing by the Kaldor Centre at ...
17th August 2021So much for the safety of Kabul
Like many refugee lawyers I have watched in horror as the Taliban, taking their cue from the US troop withdrawal, have swept through Afghanistan. At time of writing, it has been confirmed that the Taliban have taken most of the country, including the ...
16th August 2021Court of Appeal lays down hyper-strict approach to EU asylum claims
ZV (Lithuania) v Secretary of State for the Home Department [2021] EWCA Civ 1196 is an important case about the admissibility of asylum claims made by EU citizens. There is a long-standing rule that asylum claims by EU nationals will only be considere ...
11th August 2021Briefing: are labour mobility schemes for skilled refugees a good idea?
On 20 July 2021, Free Movement published an article about the UK’s new Displaced Talent Mobility Programme, which concluded that it constituted “a new complementary pathway” for refugees to reach the country and “a positive step that will hope ...
5th August 2021