Author: Alex Schymyck

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Alex Schymyck

Alex is a barrister at Garden Court Chambers

In R (Habte) v Secretary of State for the Home Department [2020] EWHC 967 (Admin), the High Court has decided that conducting a substantive asylum interview does not amount to assuming responsibility for the asylum claim under Article 17(1) of the Dublin Regulation. The situation arose because the Home Office,...

28th April 2020
BY Alex Schymyck

The Upper Tribunal has reprimanded an immigration judge for granting an adjournment during the cross-examination of an appellant. In WA (Role and duties of judge) Egypt [2020] UKUT 127 (IAC), the President and Vice President of the Upper Tribunal provide guidance on how tribunal judges should manage hearings: During the...

22nd April 2020
BY Alex Schymyck

The Court of Appeal has returned to the legal issues arising from the closure of the Calais refugee camp in September 2016 and section 67 of the Immigration Act 2016, which forced the Home Office to develop a process for admitting unaccompanied children from the camp into the United Kingdom....

15th April 2020
BY Alex Schymyck

D, P and K v Lord Chancellor [2020] EWHC 736 (Admin) is a rare example of the High Court making a costs order against a lower tribunal. The context is a dispute between a well-known immigration law firm, Duncan Lewis, and the President of the First-tier Tribunal, Michael Clements. President...

9th April 2020
BY Alex Schymyck

In Asady and Others v Slovakia (application no. 24917/15) the European Court of Human Rights has delivered another judgment that will gratify governments seeking to use summary removal to get rid of asylum seekers. The decision continues the court’s retreat over the interpretation of Article 4 of the Fourth Protocol...

7th April 2020
BY Alex Schymyck

R (SB (Ghana)) v Secretary of State for the Home Department & Anor [2020] EWHC 668 (Admin) is a successful unlawful detention claim in which the High Court was prepared to find a breach of the Hardial Singh principles notwithstanding the claimant’s extremely serious offending history. It is primarily interesting...

31st March 2020
BY Alex Schymyck

The Sikh community in Afghanistan used to be a sizeable religious minority within that country, but the effect of persecution over the past 30 years has meant that 99% have now emigrated. The United Nations and other international observers estimate that there may be only 1,000 Sikhs left in Afghanistan,...

5th March 2020
BY Alex Schymyck

The Upper Tribunal has dismissed a judicial review of the restricted leave policy. This policy governs the grant of leave to remain in the UK to people who the Home Office wishes to remove but cannot because it would breach the European Convention on Human Rights. The restricted leave policy...

3rd March 2020
BY Alex Schymyck

In OA v Secretary of State for Education [2020] EWHC 276 (Admin), the High Court has ruled that the student loan regulations unlawfully discriminated against migrant victims of domestic violence and abuse. The rules required three years’ lawful residence in the UK to qualify for a student loan but failed...

2nd March 2020
BY Alex Schymyck

In a mammoth new judgment the Grand Chamber of the European Court of Human Rights has developed a significant exception to the general prohibition on summary removal of migrants without consideration of their individual circumstances. In recent years European countries have resorted to summarily deporting migrants who have recently crossed...

20th February 2020
BY Alex Schymyck
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