Author: Alex Schymyck

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Alex Schymyck

Alex is a barrister at Garden Court Chambers

The High Court has quashed a decision to refuse entry to the children of an Afghan judge who was relocated to the UK under the Afghan Relocations and Assistance Policy. The case of R (BAL) v Secretary of State for Defence [2022] EWHC 2757 (Admin) is a rare example of...

4th November 2022
BY Alex Schymyck

The European Court of Human Rights has handed down a significant judgment concerning the age-assessment process and rights of child asylum seekers. In Darboe and Camara v Italy (Application no. 5797/17), the court found that the Italian government had breached Articles 3 and 8 of the European Convention on Human...

30th September 2022
BY Alex Schymyck

The High Court has quashed a decision to refuse entry clearance under the Afghan Relocation and Assistance Policy (“ARAP”) on national security grounds. Unfortunately, like all national security cases it is difficult to work out exactly why the Court decided the decision was unlawful. R (ALO) v Secretary of State...

27th September 2022
BY Alex Schymyck

In R (Abulbakr) v Secretary of State for the Home Department [2022] EWHC 1183 (Admin), the High Court has ordered the Home Office to pay a detainee £17,500 for 40 days of unlawful detention caused by unreasonable delay in providing a release address. The figure is high for the length...

12th July 2022
BY Alex Schymyck

The Upper Tribunal has rejected a challenge to the Article 8 compliance of the “deport first, appeal later” system despite previously having ordered the Home Office to bring the claimant back to the UK to ensure he had an effective appeal. The case is R (Watson) (s. 94B process; s....

28th June 2022
BY Alex Schymyck

In R (BVN) v Secretary of State for the Home Department [2022] EWHC 1159 (Admin) the High Court has confirmed that the Secretary of State has no power to interfere with the conditions attached to a grant of High Court bail. It is an unusual issue and the judgment contains...

23rd May 2022
BY Alex Schymyck

The Upper Tribunal has decided that it has the power to transfer damages claims resulting from judicial review proceedings to the County Court. The tribunal held that its incidental powers mirror those enjoyed by the High Court, which routinely transfers judicial reviews to the County Court once the public law...

10th January 2022
BY Alex Schymyck

Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642 is about how much SIAC should defer to the Home Secretary’s view about national security concerns. The answer is quite a lot, but not too much. The background to this case is the Supreme Court decision in...

26th November 2021
BY Alex Schymyck

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...

15th October 2021
BY Alex Schymyck

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...

6th October 2021
BY Alex Schymyck
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