Afghan evacuation litigation latest
24 August 2022
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This post is a wrap up of recent Afghan evacuation litigation in the High Court and Court of Appeal covering the cases of: A lot
This post is a wrap up of recent Afghan evacuation litigation in the High Court and Court of Appeal covering the cases of: A lot
The current immigration rules on when a refugee may be joined by family members — often referred to as refugee family reunion — are woefully
Afghan citizens trying to escape the Taliban takeover in Afghanistan have become caught up in the UK government’s latest attempt to revise refugee policy. They
A Syrian refugee who paid £440 to secure settlement appointments despite being heavily in debt has lost a High Court bid to get his money
Last week, celebrities and charities joined forces to celebrate the bravery of Sir Mo Farah. In a BBC documentary, aired on 13 July, the Olympic
The 11th-hour European Court of Human Rights intervention that prevented the first planned removal of asylum seekers from the UK to Rwanda has provided only scant
The European Court of Human Rights has concluded that a maritime pushback operation conducted by Greek coastguards in 2014 violated the right to life of
In SR (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 828, the Court of Appeal has considered whether an asylum
The government has announced the details of its much-trailed policy of treating some refugees differently to others based on their mode of arrival in the United
New rules on humanitarian protection status will apply to claims made on or after 28 June 2022. The changes are another example of how the
Asylum lawyers like me tend to focus on just one clause of the Refugee Convention: the definition of a refugee. This is the gateway to
Many in the immigration and legal aid sectors are heartily sick of “engaging” with government departments and responding to various consultations, but I want to
Whilst many of us were focused on the Rwanda flight, injunction applications and subsequent appeals, the government on 13 June 2022 made some further announcements
A few poor souls are bound for removal to Rwanda today. Whether or not the flight departs on schedule, this is a moment of national
Below is an unofficial partial transcript of the Court of Appeal’s judgment refusing interim relief (an injunction) in the case of Public and Commercial Services
Asylum seekers arriving by boat have started to receive notices informing them of the UK government’s intention to remove them to Rwanda pursuant to the
The Upper Tribunal judgment in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 110 (IAC) comes as a relief for those
The signatories of the Refugee Convention thought that some people didn’t deserve protection on account of having committed particularly heinous crimes. They therefore introduced “exclusion
The Home Office has published a new statement of changes to the Immigration Rules (HC 17). It is largely focused on changes to the asylum
The government has invested huge political capital into its refugee deal with Rwanda. Equally immense resources of time and energy will also no doubt be
In C-349/20 NB and AB v Secretary of State for the Home Department, the Court of Justice of the European Union has again addressed the
In HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) the Upper Tribunal considers whether the removal of a Sri Lankan man with
The Home Office has withdrawn its “pushback policy” which purported to set out a plan to return migrant boats in the English Channel to France.
My textbook on refugee law, imaginatively entitled Refugee Law, is published today. It is aimed principally at undergraduate and graduate students on refugee law courses,
The government has announced a deal to export the UK’s responsibility to assess asylum claims and host refugees to Rwanda. Boris Johnson said in a
The UK-Rwanda memorandum of understanding on asylum processing is now available. It sets out the terms of the agreement between the countries at a high
Imagine you are a Ukrainian refugee. Imagine you have left your home, your job, and almost all of your possessions behind. Perhaps your husband or
A successful application for asylum or humanitarian protection in the UK results in the grant of five years’ permission to stay, on what is known
The Home Office has agreed to withdraw its decision to refuse asylum to a Ukrainian man who evaded the military draft, meaning that an appeal
The High Court has held that the Home Office’s search for and seizure of mobile phones from migrants who arrived by small boats from France,
In R (EOG & KTT) v Secretary of State for the Home Department [2022] EWCA Civ 307, the Court of Appeal has confirmed that challenges
In R (MD and EH) v Secretary of State for the Home Department [2022] EWCA Civ 336, the Court of Appeal has found that the
With all the talk of “bespoke” humanitarian schemes, Home Secretary Priti Patel’s refusal to use the word “refugee” and the rejection of the international system
On 28 February 2022 the Home Secretary told the House of Commons that a “bespoke humanitarian route” was being introduced for those fleeing the unlawful
In R (SB (a child)) v Royal Borough of Kensington & Chelsea [2022] EWHC 308 (Admin) the High Court held that an interview conducted by
The Home Office has been refused permission to appeal against the latest Sri Lankan country guidance decision. The case is KK and RS (Sri Lanka)
Where an individual would be at risk if forcibly returned to a part of his country of nationality, is it a valid answer to a
In R (SV) v Secretary of State for the Home Department [2022] UKUT 239 (IAC), the Upper Tribunal has held that the European Convention Against
I can do no better than adopt Tom Royston’s summary of R (DK) v Revenue and Customs [2022] EWCA Civ 120: in an important decision
The Upper Tribunal has put out a country guidance ruling on the Iranian government’s monitoring of dissidents on Facebook. Previous case law on the general
This post is a wrap up of recent Afghan evacuation litigation in the High Court and Court of Appeal covering the cases of: A lot of the issues cross-over so rather than give you a detailed breakdown of each case, I’ll explore the Court of Appeal’s decision in S & AZ first...
The current immigration rules on when a refugee may be joined by family members — often referred to as refugee family reunion — are woefully outdated and simply do not reflect the nature of modern families. Reform is long overdue. But in the meantime, it is feasible to make successful...
Afghan citizens trying to escape the Taliban takeover in Afghanistan have become caught up in the UK government’s latest attempt to revise refugee policy. They face significant obstacles in obtaining adequate protection. Those who have no choice but to flee for their lives and travel without documents have their applications placed...
A Syrian refugee who paid £440 to secure settlement appointments despite being heavily in debt has lost a High Court bid to get his money back. The case is R (MS) v Secretary of State for the Home Department [2022] EWHC 1413 (Admin). Home Office policy says that applying for...
Last week, celebrities and charities joined forces to celebrate the bravery of Sir Mo Farah. In a BBC documentary, aired on 13 July, the Olympic gold medallist revealed that he was trafficked to the UK and forced into domestic servitude aged nine years old. Farah explained that the decision to...
The 11th-hour European Court of Human Rights intervention that prevented the first planned removal of asylum seekers from the UK to Rwanda has provided only scant relief to those who may soon find themselves being flown 4,000 miles away to an unknown fate. A fresh attempt to begin removals could occur...
The European Court of Human Rights has concluded that a maritime pushback operation conducted by Greek coastguards in 2014 violated the right to life of the 11 people who drowned in the process. The case is Safi and Others v Greece (application no. 5418/15). The human rights breaches didn’t stop...
In SR (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 828, the Court of Appeal has considered whether an asylum seeker attending political demonstrations needs to be genuinely committed to the cause being promoted at the protest. Ultimately, genuine belief is relevant, but not decisive....
The government has announced the details of its much-trailed policy of treating some refugees differently to others based on their mode of arrival in the United Kingdom. The Home Office refers to this as “differentiation” but the word “discrimination” is equally apposite. The changes are being made today because section 12...
New rules on humanitarian protection status will apply to claims made on or after 28 June 2022. The changes are another example of how the government’s New Plan for Immigration is creating a crueller, less efficient and more costly asylum system. Around 1,000 people a year are granted humanitarian protection....
Asylum lawyers like me tend to focus on just one clause of the Refugee Convention: the definition of a refugee. This is the gateway to formal recognition as a refugee and is therefore of vital importance to any person seeking asylum. From this definition, set out at Article 1A(2) of...
Many in the immigration and legal aid sectors are heartily sick of “engaging” with government departments and responding to various consultations, but I want to encourage everyone to respond to this one. The Ministry of Justice is consulting on future legal aid fees for the next contract tender, in light...
Whilst many of us were focused on the Rwanda flight, injunction applications and subsequent appeals, the government on 13 June 2022 made some further announcements about the long-delayed Afghan Citizens Resettlement Scheme. The glacial pace of progress for the Afghan scheme might be contrasted by a cynic with the rapid...
A few poor souls are bound for removal to Rwanda today. Whether or not the flight departs on schedule, this is a moment of national shame. One of the richest countries in the world, hosting one of the lowest numbers of refugees internationally, has paid a developing country to take...
Below is an unofficial partial transcript of the Court of Appeal’s judgment refusing interim relief (an injunction) in the case of Public and Commercial Services Union and Others v Secretary of State for the Home Department. This was one of two cases heard and decided today which sought to pause...
Asylum seekers arriving by boat have started to receive notices informing them of the UK government’s intention to remove them to Rwanda pursuant to the “Migration and Economic Development Partnership” announced last month. We learned yesterday that the Home Office wishes to begin removing people on 14 June. This article...
The Upper Tribunal judgment in SMO & KSP (Civil status documentation; article 15) Iraq CG [2022] UKUT 110 (IAC) comes as a relief for those representing Iraqi nationals who fear that they cannot be properly re-documented on return to Iraq. The case provides guidance on whether someone sent back to...
The signatories of the Refugee Convention thought that some people didn’t deserve protection on account of having committed particularly heinous crimes. They therefore introduced “exclusion clauses”, found at Article 1F of the Convention. Accordingly, The provisions of this Convention shall not apply to any person with respect to whom there...
The Home Office has published a new statement of changes to the Immigration Rules (HC 17). It is largely focused on changes to the asylum system following the passage of the Nationality and Borders Act 2022 and the agreement with Rwanda to export refugees to that country. The changes come...
The government has invested huge political capital into its refugee deal with Rwanda. Equally immense resources of time and energy will also no doubt be ploughed into getting a few unfortunate refugees on a plane there at some point. This is a monumental opportunity cost: there are really serious but...
In C-349/20 NB and AB v Secretary of State for the Home Department, the Court of Justice of the European Union has again addressed the question of when Palestinian refugees are entitled to refugee status under EU law. This is the fourth major judgment on this issue we have seen...
In HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) the Upper Tribunal considers whether the removal of a Sri Lankan man with mental health difficulties would violate Article 3 of the European Convention on Human Rights. Article 3 prohibits inhumane and degrading treatment. Where a person’s mental...
The Home Office has withdrawn its “pushback policy” which purported to set out a plan to return migrant boats in the English Channel to France. The climbdown follows recent skirmishes over expert evidence and disclosure — see [2022] EWHC 517 (Admin) and [2022] EWHC 823 (Admin) — as part of...
My textbook on refugee law, imaginatively entitled Refugee Law, is published today. It is aimed principally at undergraduate and graduate students on refugee law courses, or related courses where students need to learn about refugee law and the protection of refugees. It will also be useful to lawyers and advisers...
The government has announced a deal to export the UK’s responsibility to assess asylum claims and host refugees to Rwanda. Boris Johnson said in a speech that “anyone entering the UK illegally, as well as those who have arrived illegally since January 1st, may now be relocated to Rwanda”. This...
The UK-Rwanda memorandum of understanding on asylum processing is now available. It sets out the terms of the agreement between the countries at a high level but provides some insight into how this scheme is supposed to work. Before removal Importantly, the UK has committed to undertaking an “initial screening”...
Imagine you are a Ukrainian refugee. Imagine you have left your home, your job, and almost all of your possessions behind. Perhaps your husband or son or father — or perhaps all of them — have stayed behind to fight. You head for the nearest border. Maybe that is Poland,...
A successful application for asylum or humanitarian protection in the UK results in the grant of five years’ permission to stay, on what is known as a “protection route”. People granted permission on a protection route then need to apply for settlement, or “indefinite leave to remain”, shortly before the...
The Home Office has agreed to withdraw its decision to refuse asylum to a Ukrainian man who evaded the military draft, meaning that an appeal from the country guidance decision of PK and OS (basic rules of human conduct) Ukraine CG [2020] UKUT 314 will no longer be heard by...
The High Court has held that the Home Office’s search for and seizure of mobile phones from migrants who arrived by small boats from France, and the retention of extracted data, was unlawful. The case is R (HM, MA, KH) v Secretary of State for the Home Department [2022] EWHC...
In R (EOG & KTT) v Secretary of State for the Home Department [2022] EWCA Civ 307, the Court of Appeal has confirmed that challenges arguing that Home Office policies breach the European Convention Against Trafficking (ECAT) are justiciable insofar as the policy purports to comply with ECAT. It went...
In R (MD and EH) v Secretary of State for the Home Department [2022] EWCA Civ 336, the Court of Appeal has found that the Home Office’s non-payment of additional financial support to human trafficking victims who have children and receive asylum support was not unlawfully discriminatory. The facts The...
With all the talk of “bespoke” humanitarian schemes, Home Secretary Priti Patel’s refusal to use the word “refugee” and the rejection of the international system for the protection of refugees we see in the Nationality and Borders Bill currently before Parliament, you would be forgiven for thinking the Refugee Convention...
On 28 February 2022 the Home Secretary told the House of Commons that a “bespoke humanitarian route” was being introduced for those fleeing the unlawful invasion of Ukraine by Russia. The word refugee was notable in its absence from that and from the subsequent speech a day later. The original...
In R (SB (a child)) v Royal Borough of Kensington & Chelsea [2022] EWHC 308 (Admin) the High Court held that an interview conducted by social workers as part of a short-form age assessment was “clearly unfair”. This was because of the combination of there having been no interpreter, no...
The Home Office has been refused permission to appeal against the latest Sri Lankan country guidance decision. The case is KK and RS (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 119. Background Last year, in KK and RS (Sur place activities: risk) Sri Lanka...
Where an individual would be at risk if forcibly returned to a part of his country of nationality, is it a valid answer to a protection claim that he might nevertheless avoid any such risk by returning voluntarily to another part of that country, even where he does not wish...
In R (SV) v Secretary of State for the Home Department [2022] UKUT 239 (IAC), the Upper Tribunal has held that the European Convention Against Trafficking (ECAT) not being a part of UK domestic law is no reason to refuse to examine the lawfulness of a policy which purports to...
I can do no better than adopt Tom Royston’s summary of R (DK) v Revenue and Customs [2022] EWCA Civ 120: in an important decision about the rights of refugees to financial support for children, the Court of Appeal in England and Wales has agreed with their colleagues in Scotland:...
The Upper Tribunal has put out a country guidance ruling on the Iranian government’s monitoring of dissidents on Facebook. Previous case law on the general human rights situation in Iran continues to hold good, but the new decision makes additional findings on a narrow but important issue: “risk on return...