All Articles: cessation
Court of Appeal sends medical treatment case back to the First-tier Tribunal
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 AM (Zimbabwe) v SSHD [2020] UKSC 17 and in the headnote to the Upper Tribunal&# ...
2nd November 2023Briefing: indefinite leave to remain for people with refugee status or humanitarian protection
A successful application for asylum or humanitarian protection in the UK results in the grant of five years’ permission to stay, on what is known as a “protection route”. People granted permission on a protection route then need to a ...
11th April 2022Cessation, Article 3 and removing refugees from the UK
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 helpful reminder of when a serious criminal offence can and cannot lead ...
29th November 2021Stripping someone of refugee status doesn’t mean they can be deported
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 EU law does not prevent that person from continuing to be a ...
21st April 2021Court of Justice decision on cessation of protection for Somali refugees
In the case of C-255/19 Secretary of State for the Home Department v OA, the Court of Justice of the European Union held (at paragraph 64) that: 1. Article 11(1)(e) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualific ...
2nd February 2021Immigration judges told how to handle Somali refugee cessation cases
The Upper Tribunal has provided guidance on how First-tier Tribunal judges should approach attempts by the Home Office to revoke refugee status from Somalian nationals. SB (refugee revocation; IDP camps) Somalia [2019] UKUT 358 (IAC) confirms that it ...
21st November 2019Refugees’ dependants can be sent packing if country of origin circumstances have changed
A grant of refugee status usually involves acceptance that a particular set of circumstances exist which would make it unlawful for a person to be returned to their country of origin. But circumstances change, and this can have a knock-on effect on wh ...
17th October 2019Relatives of refugees are not legally refugees after all
The Court of Appeal has held that the UN Refugee Convention should not be interpreted to include an implied type of derivative refugee status for the family members of refugees. As a result, anyone who was granted refugee status under UK law as the fa ...
16th October 2019Refugee status can be taken away even if threat of persecution still looms
In Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345, the Court of Appeal has held that the Home Office can cease refugee status where there has been a change of circumstances in the refugee’s country of origin such ...
30th July 2019Refugee “safe return reviews” needlessly causing anxiety, statistics suggest
About 18 months ago, the Home Office announced that refugees would no longer get indefinite leave to remain automatically after being in the UK for five years. Officials are now supposed to review whether the refugee still needs the protection of the ...
23rd October 2018Humanitarian standards are not the test for a cessation decision
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 decision-maker is assessing the cessation of refugee status under the Qualificat ...
11th May 2018Refugees with criminal records are being told it’s safe to go home
Countries are being declared safe for refugees to return to, but only if they have criminal records, a new report by the government’s immigration inspector suggests. The Independent Chief Inspector of Borders and Immigration, David Bolt, found t ...
31st January 2018Safe return reviews and Home Office policy on settlement for refugees
In March 2017 the Home Office announced a new policy of reviewing whether all refugees require protection at the end of a 5 year initial period of Refugee Status. This policy is effective for all existing and future applications for Indefinite Leave t ...
22nd June 2017Home Office ends policy of automatic settlement for refugees after five years
The Home Office has announced a new policy of reviewing whether all refugees require protection at the end of a five year initial period of leave. The policy appears to be effective immediately for all refugee settlement applications, including for re ...
9th March 2017