Human rights
Latest Human Rights posts
Key posts on human rights
Latest posts on Article 3
- Humanitarian protection is being downgraded from 28 June 2022
- End of the AM (Zimbabwe) saga? Tribunal returns to Article 3 medical cases
- Upper Tribunal reiterates high threshold in Article 3 cases
- The logistics of survival: updated Somalia country guidance
- Article 3 protects asylum seekers against removal even if they could leave voluntarily
Latest posts on Article 8
- Challenge to “deport first, appeal later” process rejected
- Judge takes “points based system” a bit too literally
- Supreme Court allows foreign criminal deportation case
- Foreign convictions in deportation appeals
- Afghan boy unlawfully removed from UK for 18 months can claim damages
Latest posts on Long residence
- Things are looking up for undocumented migrant children
- Court of Appeal game-changer for validity and continuous residence
- Early settlement concession for young people living half their lives in the UK
- Can children and parents apply to remain after seven years’ residence?
- Visit visas can count towards ten years’ long residence
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- Medical treatment removal cases based on Article 3
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Challenge to “deport first, appeal later” process rejected
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. ...
28th June 2022Supreme Court allows foreign criminal deportation case
The Supreme Court has allowed the appeal against the deportation of a Jamaican man who arrived in the UK aged 10. The case is SC (Jamaica) v Secretary of State of the Home Department [2022] UKSC 15. The judgment covers the application of the conc ...
16th June 2022Foreign convictions in deportation appeals
When the Home Office is deporting someone for being convicted of a criminal offence, does it matter what country that conviction is from? In practice, probably not. This seems to be the effect of the Court of Appeal’s decision in Gosturani v Secr ...
14th June 2022End of the AM (Zimbabwe) saga? Tribunal returns to Article 3 medical cases
Practitioners will no doubt be aware of the Supreme Court’s decision in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17. The justices endorsed the European Court of Human Rights decision in Paposhvili v Belgium (applica ...
19th May 2022Afghan boy unlawfully removed from UK for 18 months can claim damages
The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life entitles him to damages under the Human Rights Act 1998 and under EU law. The case is QH (Afghanistan) v Secretary ...
12th April 2022No “historical injustice” in harsh but correct refusal of immigration application
Someone correctly refused leave under the Immigration Rules as then in force is not the victim of a historical injustice, and therefore can’t rely on this as strengthening a subsequent Article 8 claim. So ruled the Court of Appeal in Rahaman & A ...
22nd March 2022