Asylum procedure in Europe has been examined in three recent decisions. In two, the European Court of Human Rights found actual or imminent violations of Article 3 of the European […]
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 […]
In the case of Jallow v Norway (application no. 36516/19), the European Court of Human Rights looked at what is quite a familiar and popular topic at present: the fairness […]
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 European Court of Human Rights has looked for the first time at when the prosecution of a human trafficking victim might violate Article 4 of the Convention. In VCL […]
The European Court of Human Rights has confirmed that the final offence committed by someone before deportation action is taken against them does not need to be particularly significant if […]
It’s rare to get a slobber-knocker of a case from the European Court of Human Rights like Unuane v The United Kingdom (application no. 80343/17). The court unanimously found that […]
In B & C v Switzerland (application no. 43987/16 and 889/19) the European Court of Human Rights has unanimously held that the deportation of asylum seekers to countries where they […]
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 […]
Imagine being accused of a crime. Now imagine you’re not told what that crime is. Then imagine a whole trial taking place without you being told what you’ve done and […]
In Pormes v The Netherlands (application no. 25402/14), the European Court of Human Rights has approved the deportation of a man who had lived in the Netherlands between the ages […]
S.M. v Croatia (application no. 60561/14) is an odd case to read. It is very long, running to 356 paragraphs and several concurring judgments, and refers to a wide variety […]
In SA v The Netherlands (application no. 49773/15), the European Court of Human Rights has issued a judgment which should concern those representing Sudanese asylum seekers. It is not a […]
Chucking people out of a country they were born in is hard. It usually takes something pretty dramatic or pretty terrible — or both, as in the case of Azerkane […]
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 […]
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 […]
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 […]
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 […]
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 European Court of Human Rights has developed Article 5 ECHR beyond domestic law and potentially created a dramatic increase in the amount of damages payable for unlawful detention caused […]
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 […]
The judgment of the European Court of Human Rights in T.C.E. v Germany (application no. 58681/12) has a whiff of Groundhog Day. For the second time in just over six months the […]
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 […]
Daniel Negassi v the United Kingdom (application no. 64337/14) was an appeal to the European Court of Human Rights with a complaint that the Home Office’s failure to grant Mr […]
Ndidi v the United Kingdom (Application no. 41215/14) had the beginnings of a tabloid splash. A Nigerian national convicted of drug dealing, who had lived in the UK since the age […]
In ND & NT v Spain, the European Court of Human Rights decided that the expulsion of two sub-Saharan migrants from a set of barriers surrounding the Spanish territory of […]
In a recent decision from Strasbourg, the European Court of Human Rights has found the UK Home Office unlawfully detained a Zimbabwean national. The Court found that the UK authorities […]
Arben Draga v United Kingdom (Application no. 33341/13) Unlike most other European countries, there is no time limit on immigration detention in the UK. In addition, the law does not provide for an […]
Chowdury and Others v Greece (Application number 21884/15 – the judgment is only available in French. An English-language press summary is available.) The European Court of Human Rights has found […]
K2 v the United Kingdom (Application No 42387/13) The use of the Home Secretary’s power to strip a British citizen of their citizenship is on the rise. It has been […]
On 13 December 2016, the Grand Chamber handed down its much-awaited decision in Paposhvili v Belgium (Applcn No. 41738/10). The decision: (1) clarifies, widens and provides guidance on the circumstances […]
In Tarakhel v Switzerland [2014] ECHR 1185 (04 November 2014) the Grand Chamber of the European Court of Human Rights (“ECtHR”) has issued its long-awaited decision as to the lawfulness of returning asylum seekers […]
In the case of Jeunesse v. The Netherlands (application no. 12738/10) the European Court of Human Rights has considered a refusal to allow a woman to settle in the Netherlands with […]
As noted in last week’s lengthy missive, the challenges to removals to Greece continued after the decision of the ECtHR in KRS v United Kingdom [2008] ECHR 1781 culminating in […]
In the case of Eweida v UK [2013] ECHR 37 the European Court of Human Rights famously dismissed three out of four religious discrimination applications while managing to appear sympathetic to […]
After seeing the Strasbourg case of Singh v Belgium (33210/11) highlighted here on Free Movement, Balkrishna Gurung of Howe + Co Solicitors (with assistance from David Saldanha) has commissioned a translation […]
In a case that in some ways exceptional but in many ways entirely ordinary, the UK Border Agency this week rejected an asylum claim by a young Afghan man. The […]
The cases of Sufi and Elmi v UK (Applications nos. 8319/07 and 11449/07) have been allowed by the European Court of Human Rights. This is a major judgment on return to […]
