Who can be sent back to Afghanistan?
11 October 2021
1 Comment
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
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
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
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
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
The Supreme Court has upheld the policy of treating asylum seekers who claim to be children as adults if two Home Office officials think that
It’s not the most damning part of yesterday’s inspection report on the asylum seeker camp at Napier barracks, but it’s certainly the most ironic. Some of
I am announcing that those displaced by conflict and violence will now also be able to benefit from access to our global points-based immigration system.
Part 4 of the Nationality and Borders Bill addresses modern slavery and human trafficking. The Home Office’s goals for reform in this area are, as
Under the sub-heading “Interpretation of Refugee Convention“, clauses 27-35 of the Nationality and Borders Bill 2021 seek to accomplish four main tasks: Translate some EU
MPs will give the Nationality and Borders Bill 2021 its second reading on 19 July. One of the Bill’s main objectives is to make the
The Oxford Handbook of International Refugee Law, edited by Cathryn Costello, Michelle Foster and Jane McAdam and published in June 2021, is a massive book
The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to
Imagine that you are – for the sake of argument – involved in a democracy movement in a post-Soviet dictatorship. Recently the police picked you
The much-hyped Nationality and Borders Bill is here. It mainly addresses asylum issues but there are some nationality provisions included as well, which we have
Hundreds of refugee children denied reunion with family in the UK may be able to challenge that decision following a ruling that Home Office policy
“Illegal immigration to be turned into a criminal offence in landmark borders bill”, the Sunday Express reports. The idea that unauthorised immigration is insufficiently criminalised
The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS
The High Court has overturned a tribunal judgment that had instructed the Home Office to house refused asylum seekers until lockdown restrictions end. The decision
No matter how devastating may be epidemic, natural disaster or famine, a person fleeing them is not a refugee within the terms of the Convention.
Copy: Refugee Week 2020Infogram This week is Refugee Week. From 14-20 June 2021, the UK celebrates the contribution of refugees and promotes better understanding of
The High Court has condemned the treatment of asylum seekers crammed into a former military barracks in Kent. In a judgment laying bare the vile
The High Court has declared that an anomaly in the benefits system which disadvantages victims of trafficking who receive asylum support is discriminatory and in
Priti Patel’s announcement of her “New Plan for Immigration” left many of us wondering what semblance of planning had gone into the proposals. The consultation
Note: this article refers to the position prior to the Nationality and Borders Act 2022, see here for the current position. On 13 May 2021,
Fouad Kakaei is an Iranian man who helped steer small boats carrying asylum seekers across the English Channel on two separate occasions, in July and
Readers may be forgiven for thinking that, where the Family Court finds that a person is at risk of female genital mutilation and makes a
The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-defined categories.
The Upper Tribunal has declared the government’s strict policy on asylum seekers working to be unlawful because it doesn’t mention that exceptions can be made.
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...
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 major cities of Kandahar, Mazhar-Al-Sharif, Herat and...
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 considered in exceptional circumstances. It is presently contained...
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 hopefully encourage other countries to do the same”. The purpose of this...
The Supreme Court has upheld the policy of treating asylum seekers who claim to be children as adults if two Home Office officials think that the person looks significantly over 18. The case is R (BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38. It should...
It’s not the most damning part of yesterday’s inspection report on the asylum seeker camp at Napier barracks, but it’s certainly the most ironic. Some of the staff charged with running the camp were themselves migrants working in breach of their visa conditions, according to the Independent Chief Inspector of...
I am announcing that those displaced by conflict and violence will now also be able to benefit from access to our global points-based immigration system. To enable skilled displaced people who have had to flee their homes to come to the UK safely and legally through established routes. We will...
Part 4 of the Nationality and Borders Bill addresses modern slavery and human trafficking. The Home Office’s goals for reform in this area are, as ever, focused on criminality. The Home Secretary has promised that the Bill will “break the business model” of trafficking networks (and therefore save lives), ensure...
Under the sub-heading “Interpretation of Refugee Convention“, clauses 27-35 of the Nationality and Borders Bill 2021 seek to accomplish four main tasks: Translate some EU asylum law, currently residing in secondary legislation, into primary legislation. Turn back the clock on core principles of asylum law in relation to the identification...
MPs will give the Nationality and Borders Bill 2021 its second reading on 19 July. One of the Bill’s main objectives is to make the asylum system “fairer and more effective”. Most of the clauses supposedly directed to that purpose are in Part 2 of the text, making it the...
The Oxford Handbook of International Refugee Law, edited by Cathryn Costello, Michelle Foster and Jane McAdam and published in June 2021, is a massive book in every sense. Some five years in the making, running to 1,258 pages, consisting of 65 chapters, all by different authors (and sometimes multiple authors),...
The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. The cases are Adnan, Petitioners [2021] CSOH 63 and R (DK) v Her Majesty’s Revenue and Customs [2021] EWHC 1845...
Imagine that you are – for the sake of argument – involved in a democracy movement in a post-Soviet dictatorship. Recently the police picked you up, beat the hell out of you and assaulted you in ways you’d rather not dwell on. Then they booted you out of the police...
The much-hyped Nationality and Borders Bill is here. It mainly addresses asylum issues but there are some nationality provisions included as well, which we have already covered and will return to in another article soon. My first impressions, reading through the Bill, are that A lot of it is already...
Hundreds of refugee children denied reunion with family in the UK may be able to challenge that decision following a ruling that Home Office policy on “Dublin III” transfers is in part unlawful. The case is R (Safe Passage International) v Secretary of State for the Home Department [2021] EWHC...
“Illegal immigration to be turned into a criminal offence in landmark borders bill”, the Sunday Express reports. The idea that unauthorised immigration is insufficiently criminalised will surprise legislators who have spent much of the past two decades piling dozens and dozens of new immigration offences onto the statute books. “Illegal...
The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 941 confirms that a tribunal is required to reach its own conclusions. In...
The High Court has overturned a tribunal judgment that had instructed the Home Office to house refused asylum seekers until lockdown restrictions end. The decision in R (Secretary of State for the Home Department) v First-tier Tribunal (Social Entitlement Chamber) [2021] EWHC 1690 (Admin) is said to affect at least...
No matter how devastating may be epidemic, natural disaster or famine, a person fleeing them is not a refugee within the terms of the Convention. A v Minister for Immigration & Ethnic Affairs [1997] HCA 4 (Aus HC) As the High Court of Australia highlights in the quote above, there...
Copy: Refugee Week 2020Infogram This week is Refugee Week. From 14-20 June 2021, the UK celebrates the contribution of refugees and promotes better understanding of why people seek sanctuary. The infographic above draws on government figures to illustrate some trends in asylum in the UK. Most of the data comes...
The High Court has condemned the treatment of asylum seekers crammed into a former military barracks in Kent. In a judgment laying bare the vile conditions at Napier barracks, Mr Justice Linden found that the site did not meet minimum legal standards for asylum accommodation; nor did the process for...
The High Court has declared that an anomaly in the benefits system which disadvantages victims of trafficking who receive asylum support is discriminatory and in breach of Article 14 of the European Convention on Human Rights. Unusually, the Secretary of State confessed to the court that she was not sure...
Priti Patel’s announcement of her “New Plan for Immigration” left many of us wondering what semblance of planning had gone into the proposals. The consultation that closed on 6 May raises similar questions given the misleading format of the survey, the short response timeframe and the lack of engagement with...
Note: this article refers to the position prior to the Nationality and Borders Act 2022, see here for the current position. On 13 May 2021, my client Fouad Kakaei was unanimously acquitted of assisting unlawful immigration at his retrial following a successful appeal against conviction, the reporting restriction for which...
Fouad Kakaei is an Iranian man who helped steer small boats carrying asylum seekers across the English Channel on two separate occasions, in July and December 2019. He also attempted to cross on several other occasions. Following the July 2019 crossing, he did not claim asylum here in the UK...
Readers may be forgiven for thinking that, where the Family Court finds that a person is at risk of female genital mutilation and makes a Female Genital Mutilation Protection Order (FGMPO), it will feed into the asylum consideration process. Not so. Or, perhaps more accurately, not necessarily so. It all...
The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-defined categories. So what happens when there is overlap between, for instance, an asylum claim and a human rights claim? This is the issue considered by the...
The Upper Tribunal has declared the government’s strict policy on asylum seekers working to be unlawful because it doesn’t mention that exceptions can be made. The case is R (C6) v Secretary of State for the Home Department (asylum seekers’ permission to work) [2021] UKUT 94 (IAC). We originally published...
