Article 3 protects asylum seekers against removal even if they could leave voluntarily
18 February 2022
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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
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
On 14 December 2020, the Court of Appeal in YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683 dismissed the
The Upper Tribunal has confirmed that it is for asylum seekers to disprove the possibility of safe and reasonable internal relocation if the Home Office
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.
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
In March 2018, the Upper Tribunal promulgated the country guidance decision AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118. The tribunal dismissed AS’s appeal
Government guidance asserts that an asylum claim based on a blood feud in Albania is likely to be certifiable as clearly unfounded under section 94
AAH (Iraqi Kurds – internal relocation) (CG) [2018] UKUT 212 (IAC) is a recent country guidance case on the availability of internal relocation for Iraqi
Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC
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 nevertheless avoid any such risk by returning voluntarily to another part of that country, even where he does not wish...
The Upper Tribunal has confirmed that it is for asylum seekers to disprove the possibility of safe and reasonable internal relocation if the Home Office identifies a potential safe haven. In MB (Internal relocation – burden of proof) Albania [2019] UKUT 392 (IAC), the Upper Tribunal reconsidered the earlier decision...
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 is, in principle, possible to revoke refugee status because internal relocation is...
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 that it is possible for them...
In March 2018, the Upper Tribunal promulgated the country guidance decision AS (Safety of Kabul) Afghanistan CG [2018] UKUT 118. The tribunal dismissed AS’s appeal and provided guidance on the suitability of Kabul as a site for “internal relocation”. It broadly held that relocation to Kabul was generally safe and...
Government guidance asserts that an asylum claim based on a blood feud in Albania is likely to be certifiable as clearly unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002. In my view, this is fundamentally misconceived. Certification under section 94 is a draconian measure which deprives...
AAH (Iraqi Kurds – internal relocation) (CG) [2018] UKUT 212 (IAC) is a recent country guidance case on the availability of internal relocation for Iraqi Kurds to the Iraqi Kurdish Region. This case updates some of the guidance contained in AA (Iraq) v SSHD [2017] EWCA Civ 944, which had...
Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112, which concerned a Jamaican national originally granted asylum as a dependant of his mother in 2003. The court considers...
