‘A young Afghan man who became an atheist after coming to Britain has been granted asylum on the grounds that the threat to his life for having no faith would amount to “religious” persecution.’
Daily Telegraph, 13th January 2014
Source: www.telegraph.co.uk
AA (Somalia) v Entry Clearance Officer [2013] UKSC 81; [2013] WLR (D) 499
‘Paragraph 352D of the Statement of Changes in Immigration Rules (1994) (HC 394), as amended and inserted, which provided for the grant of leave to enter to the “child of a parent” who had been admitted to the United Kingdom as a refugee, did not extend to a child for whom a family member had taken responsibility under the Islamic procedure of “kafala” and whose “adoption” did not fall within the meaning of paragraphs 6 and 309A of the Rules.’
WLR Daily, 18th December 2013
Source: www.iclr.co.uk
‘A Nigerian asylum seeker who starved himself for three months has lost his legal bid to stay in the UK.’
BBC News, 17th December 2013
Source: www.bbc.co.uk
‘Claimants who had unsuccessfully sought asylum and were granted at the age of 16½ discretionary leave to remain until they reached the age of 17½ had an effective remedy in judicial review to challenge the initial rejection of their asylum claims.’
WLR Daily, 12th December 2013
Source: www.iclr.co.uk
Abdullahi v Bundesasylamt (Case C-394/12); [2013] WLR (D) 481
‘According to article 19(2) of Council Regulation (EC) No 343/2003 of 18 February 2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national (OJ 2003 L50, p 1)), in circumstances where a member state had agreed to take charge of an applicant for asylum on the basis of the criterion laid down in article 10(1) of the Regulation—namely, as the member state of the first entry of the applicant for asylum into the European Union—the only way in which the applicant could call into question the choice of that criterion was by pleading systemic deficiencies in the asylum procedure and in the conditions for the reception of applicants for asylum in that member state, which provided substantial grounds for believing that the applicant for asylum would face a real risk of being subjected to inhuman or degrading treatment within the meaning of article 4 of the Charter of Fundamental Rights of the European Union.’
WLR Daily, 10th December 2013
Source: www.iclr.co.uk
‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’
UK Human Rights Blog, 6th December 2013
Source: www.ukhumanrightsblog.com
‘Asylum seeker who was returned to UK in a failed deportation attempt will stay in the country pending judicial review.’
The Guardian, 5th December 2013
Source: www.guardian.co.uk
‘A young woman with learning difficulties was “deliberately targeted” for a sham marriage to bolster a man’s immigration case, a High Court judge has ruled.’
The Independent, 3rd December 2013
Source: www.independent.co.uk
‘The Supreme Court has clarified the principles to be applied when considering the welfare of children in deportation cases. The following summary is based on the Supreme Court’s Press Summary.’
UK Human Rights Blog, 29th November 2013
Source: www.ukhumanrightsblog.com
Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458
“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”
WLR Daily, 27th November 2013
Source: www.iclr.co.uk
Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)
Supreme Court, 27th November 2013
‘A man who is “close to death” after being on hunger strike in immigration detention for three months could be sent back to Nigeria on Wednesday after his case failed in the Court of Appeal.’
The Independent, 25th November 2013
Source: www.independent.co.uk
‘This week, there are criticisms over the delay of inquiries both into the mistreatment of terrorism suspects and the Iraq War. Meanwhile, discussion continues over the relevance of the EU Charter of Fundamental Rights for UK law, and a dying asylum seeker on hunger strike will not be released.’
UK Human Rights Blog, 24th November 2013
Source: www.ukhumanrightsblog.com
“A failed asylum seeker said to be near death following an 85-day hunger strike in protest at his detention must remain in custody, the high court ruled on Tuesday.”
The Guardian, 19th November 2013
Source: www.guardian.co.uk
Federal Republic of Germany v Puid: Case C-4/11; [2013] WLR (D) 435
“Where member states could not be unaware that systemic deficiencies in the asylum procedure and in the conditions for the reception of asylum seekers existed in the member state initially identified as responsible for examining an asylum application, the member state which was determining the member state responsible was required not to transfer the asylum seeker to the initial member state and, subject to the exercise of the right itself to examine the application, to establish whether another member state could be identified as responsible in accordance with one of the criteria set out in Chapter III of Council Regulation (EC) No 343/2003.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
“AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin). Here unfolds a story of sophisticated abuse of the asylum system in this country by an individual skilfully shamming persecution. Nor did the security agents who escorted the claimant on his departure come up smelling of roses: it emerged during the course of these proceedings that they had falsified a room clearance certificate to boost the defence case.”
UK Human Rights Blog, 8th November 2013
Source: www.ukhumanrightsblog.com
“A High Court judge has asked prosecutors to consider forgery and contempt charges after claiming staff at an immigration removal centre falsified a document.”
BBC News, 11th November 2013
Source: www.bbc.co.uk
“In this case the claimant was a failed asylum seeker. She had arrived in the UK at the age of 16. When she turned 18, the local authority continued to support her accommodation and education under section 23C of the Children Act 1989. This imposes after-care duties towards ‘former relevant children’, including by subsection (4) financial assistance in connection with education or training ‘to the extent that [her] welfare and [her] educational or training needs require it’. ”
Education Law Blog, 27th October 2013
Source: www.education11kbw.com
“The procedural requirements to be followed when making a request to another member state pursuant to Council Regulation (EC) No 343/2003 to accept responsibility for processing an asylum claim of a third country national were those set out in the relevant European Union regulations themselves. There was no obligation to undertake additional procedural steps either as a matter of domestic public law, or on the basis that further procedural obligations ought to be implied into the provisions of the relevant EU regulations.”
WLR Daily, 30th October 2013
Source: www.iclr.co.uk
“There was nothing unlawful in the Foreign Secretary’s decision to allow a UK resident to be added to the UN’s Consolidated List of members of Al-Quaida and its associates.”
UK Human Rights Blog, 1st November 2013
Source: www.ukhumanrightsblog.com
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