The short answer is “yes, criminals can be denied refugee status.” There is a moral dimension to the Refugee Convention. But the criminal offence or offending must be particularly serious […]
The question of who has the duty to provide accommodation where a person has certain needs under the Care Act 2014 has been the subject of recent litigation and appears […]
The Court of Appeal has reiterated the process that should be followed in article 3 medical treatment cases in relation to the shifting burden of proof, as set out in […]
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. […]
The European Court of Human Rights has concluded that a maritime pushback operation conducted by Greek coastguards in 2014 violated the right to life of the 11 people who drowned […]
New rules on humanitarian protection status will apply to claims made on or after 28 June 2022. The changes are another example of how the government’s New Plan for Immigration […]
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 […]
In HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) the Upper Tribunal considers whether the removal of a Sri Lankan man with mental health difficulties would violate […]
Where an individual would be at risk if forcibly returned to a part of his country of nationality, is it a valid answer to a protection claim that he might […]
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 […]
The ripple effects of Paposhvili v Belgium [2016] ECHR 1113 continue to be felt at the boundary of Article 3 ECHR. In the first reported decision of its kind, the […]
The Home Office has been found in breach of its legal duty to protect HIV patients in its custody after officials left a Congolese man without his daily medication for […]
The European Court of Human Rights in K.I. v France (application no. 5560/19) has re-affirmed that refugee status is declaratory and revocation of a person’s refugee status under French and […]
The Home Office breached the human rights of a refused asylum seeker by evicting him while his eighth attempt to reopen his asylum claim was still pending, the High Court […]
Lawyers interested in deportation will be aware of the decision in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, handed down in April 2020. In […]
Everyone who works with asylum seekers knows that the Home Office system for providing accommodation is not fit for purpose. In R (DMA and Others) v Secretary of State for […]
The European Court of Human Rights has held unanimously that the removal of a Sudanese man by the Belgian authorities – in breach of a court order – violated his rights […]
On 26 August 2020 at 7:45, a flight chartered by the Home Office took off from Stansted airport, heading for France via Dusseldorf. The passengers were asylum seekers from countries […]
In Begum v Special Immigration Appeals Commission (SIAC) [2020] EWCA Civ 918, the Court of Appeal has ordered that Shamima Begum be granted leave to enter the UK so that […]
The European Court of Human Rights has declined an invitation to extend the jurisdiction of the Convention to cover applications made for a visa to enter a given country and […]
“Devani” in my native language of Punjabi/Urdu roughly translates as “crazy” or “mad”. An apt name for the case of Devani [2020] EWCA Civ 612, because it’s never promising when […]
In the case of AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 the Supreme Court has widened the protection available to seriously ill migrants facing deportation […]
Anyone whose life consists of daily references to the Immigration Rules will tell you that the experience can feel a lot like deep ocean exploration in the Mariana Trench: despite […]
AXB (Art 3 health: obligations; suicide) Jamaica [2019] UKUT 397 (IAC) is the latest in a series of cases which have tried to transpose the decision of Paposhvili v Belgium (application […]
In recent years the United Kingdom government has resorted to indirect measures like the hostile environment to force people to leave the UK, alongside directly removing people. The government can […]
In Savran v Denmark (application no. 57467/15) the European Court of Human Rights has reinforced the importance, in Article 3 medical treatment cases, of the obligation on governments to obtain […]
The deportation case of a Nigerian man with sickle cell disease, resident in the UK for almost three decades, has been bouncing around the UK court system for over six […]
The Court of Justice of the European Union has today handed down judgment in the case of C-163/17 Jawo. The court held that asylum seekers cannot be sent back even […]
In Mohammad Racheed v Secretary of State for the Home Department [2019] CSIH 8, the Inner House of the Court of Session held that a judicial review challenge to the […]
In MM (Malawi) [2018] EWCA Civ 2482 the Court of Appeal has again confirmed that there is indeed a discrepancy between the domestic law on Article 3 medical cases as […]
The Court of Appeal has found that it is “sufficiently arguable” that conditions in Gaza are attributable to “the direct and indirect actions of the parties to the conflict” for […]
The European Court of Human Rights took a strict approach to non-exhaustion of domestic remedies in the case of Khaksar v United Kingdom (application no. 2654/18), decided last month. The message […]
In Secretary of State for the Home Department v MA (Somalia) [2018] EWCA Civ 994 the Court of Appeal grappled with the thorny question of what issues are relevant when a […]
In the case of C-353/16 MP v Secretary of State for the Home Department, decided yesterday, the Court of Justice of the European Union has found that A person who […]
The Court of Appeal in Tanvir Babar v Secretary of State for the Home Department [2018] EWCA Civ 329 dealt with the application of Immigration Rule 276B. The court highlighted […]
The Court of Appeal last week issued “authoritative guidance” on Article 3 medical challenges against removal, reflecting the European Court of Human Rights’s decision in Paposhvili v Belgium. Lord Justice Sales, […]
In A v Switzerland (application no. 60342/16), the European Court of Human Rights considered the risk of ill treatment on return to Iran for Christian converts. In this case the applicant […]
In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum seekers could be returned to […]
When is it a breach of Article 3 to remove someone with a severe, possibly terminal, medical condition to a country where they will not receive the care they need? […]
The High Court in R (MS) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) has found that in circumstances where a person would have no option but […]
