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
The Home Office has published new guidance for Afghan citizens who are already in the UK on study and work routes. The document outlines concessions
What does it mean to be ‘westernised’? It is striking that a term that is used so frequently in this jurisdiction has never been more
In R (SGW) v Secretary of State for the Home Department (Biometrics , family reunion policy) [2022] UKUT 15 (IAC), the Upper Tribunal decided that
In AAR (OLF – MB confirmed) Ethiopia CG [2022] UKUT 1 (IAC), the Upper Tribunal has confirmed that the situation in Ethiopia has not changed
On the last working day before Christmas, the government announced that it is adding social care workers to the Health and Care visa and Shortage
The High Court has again taken the Home Office to task for its stingy approach to supporting vulnerable asylum seekers during the pandemic. In R (JB)
The controversial Nationality and Borders Bill had its second reading in the House of Lords this week. One thing that peers on all sides of
The Court of Appeal has quashed the convictions of three asylum seekers jailed for between two and six years for assisting unlawful immigration after piloting
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
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
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
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
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.
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
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
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
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
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
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
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 decision in R (KTT) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin), widely reported in the mainstream press this week,
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
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 a previous briefing we saw that customary international law, four international conventions and international human rights law all impose a duty on states to
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
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
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
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
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
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)
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,
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
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
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
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
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
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
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...
The Home Office has published new guidance for Afghan citizens who are already in the UK on study and work routes. The document outlines concessions to the Immigration Rules for Afghans who entered the UK before 1 September 2021 or applied for a visa by that date and arrive later,...
What does it mean to be ‘westernised’? It is striking that a term that is used so frequently in this jurisdiction has never been more closely defined. I would suggest that this is because, like obscene material, it is because we ‘know it when we see it’. Some musing from...
In R (SGW) v Secretary of State for the Home Department (Biometrics , family reunion policy) [2022] UKUT 15 (IAC), the Upper Tribunal decided that Home Office guidance on refugee family reunion applications is unlawful because it fails to accurately describe the legal discretion in relation to providing biometric information....
In AAR (OLF – MB confirmed) Ethiopia CG [2022] UKUT 1 (IAC), the Upper Tribunal has confirmed that the situation in Ethiopia has not changed substantially enough to allow a departure from previous country guidance. This is important because people applying for asylum based on Oromo Liberation Front (OLF) support/and...
On the last working day before Christmas, the government announced that it is adding social care workers to the Health and Care visa and Shortage Occupation List. The change is due to come into force “in February 2022“. The Home Office describes this as a temporary measure, in place for...
The High Court has again taken the Home Office to task for its stingy approach to supporting vulnerable asylum seekers during the pandemic. In R (JB) v Secretary of State for the Home Department [2021] EWHC 3417, the court held that the department unlawfully reduced cash payments to an asylum...
The controversial Nationality and Borders Bill had its second reading in the House of Lords this week. One thing that peers on all sides of the house seemed to agree on – even if for different reasons – is that the immigration system is not working well. They’re right. Official...
The Court of Appeal has quashed the convictions of three asylum seekers jailed for between two and six years for assisting unlawful immigration after piloting small boats across the English Channel. The case is Bani v The Crown [2021] EWCA Crim 1958. The heavy lifting was done in the earlier...
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 “unconscious biases” of decision-makers, legal representatives, and country of origin researchers. Asylos and ARC Foundation have...
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 Staff. It came into effect, wait for it…...
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 asylum caseworkers on how to decide certain types of refugee...
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 Greece, Hungary or Italy. The system began as the Dublin Convention in 1995...
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 to refugees being removed from the UK. Background...
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 applications under Part 14 of the Immigration Rules. In particular, it considered whether...
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 children, Artin, aged 15...
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 experts think? Well, yesterday the Independent Chief Inspector of...
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 Upper Tribunal in R (Akber) v Secretary of State for the...
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 courts. An important new weapon in our armoury...
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 (IAC). NM suffers from end-stage chronic kidney disease and needs dialysis to stay alive....
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 asylum claim, part of the Home Office caseworker’s job is to assess the person’s overall credibility....
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 is also an asylum seeker must be granted...
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 edition has just been published and Goodwin-Gill and...
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 unaccompanied minor from Syria who...
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 also saw that the enforceability of international law...
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 adjournments in all existing cases. Where adjournments were refused, Presenting Officers indicated that...
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 a hotel during the COVID...
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 failed to comply with the statutory duty to...
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’s effort: free movement is dead; work visas for the “best...
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 refugees and other migrants dying between 2014 and...
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 Kakarash, an Iraqi national, came to the UK as a child and...
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 asylum seeker who first came to the UK...
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 cannot pretend to have any useful opinion about most of...
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 fairly common. Australia, the United States, Italy, Greece and Spain have...
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 refugees. Between 1979 and 1983, the United Kingdom resettled...
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 new Home Office figures. The overall backlog has doubled...
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 evidence not from those medical foundations. This new August...
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 the University of New South Wales, published last week, warns other countries of the “failure of...
