asylum – Page 35 – Current Awareness

MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same – WLR Daily

Posted May 29th, 2014 in admissibility, anonymity, appeals, asylum, evidence, expert witnesses, law reports, reports, Supreme Court, tribunals by michael

MN (Somalia) v Secretary of State for the Home Department; KY (Somalia) v Same [2014] UKSC 30; [2014] WLR (D) 227

‘A tribunal conducting asylum proceedings could admit, as expert evidence, a report by an organisation based on a telephone interview with an asylum claimant in which its analysts commented on the likelihood of that person originating from his claimed place of origin, based on the person’s dialect and answers to questions about the area in question, even though the report was in the name of the organisation rather than an individual and those contributing to it were identified only by serial numbers. However it was necessary for the tribunal in each particular case to be satisfied that the anonymity was necessary, with safeguards for the claimant in place, and that the authors of the report had demonstrated that they had relevant expertise for each matter on which they had commented.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) – Supreme Court

Posted May 28th, 2014 in asylum, evidence, expert witnesses, law reports by sally

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) [2014] UKSC 30 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

Home Office criticised for holding child asylum seekers in ‘stuffy and overcrowded’ conditions at Heathrow – The Independent

Posted May 22nd, 2014 in airports, asylum, children, detention, immigration, news, reports by sally

‘Child asylum seekers are being held in “disgraceful” conditions at Heathrow Airport, where they are often forced to sleep overnight in cramped rooms, a report published today warns.’

Full story

The Independent, 22nd May 2014

Source: www.independent.co.uk

Palestinian asylum seeker to be deported for ‘appalling crime history’ – Daily Telegraph

Posted May 6th, 2014 in asylum, deportation, drug trafficking, news, recidivists by sally

‘A convicted Palestinian drug dealer is finally being thrown out of Britain after using the Human Rights Act to remain in the UK for an eight-year crime spree.’

Full story

Daily Telegraph, 6th May 2014

Source: www.telegraph.co.uk

Nigerian woman fearing daughters’ FGM wins reprieve on deportation – The Guardian

Posted April 28th, 2014 in asylum, children, Crown Prosecution Service, deportation, families, female genital mutilation, news, select committees by sally

‘A woman has won a temporary reprieve in her fight against being deported to her native Nigeria where she says her children face being subjected to female genital mutilation.’

Full story

The Guardian, 25th April 2014

Source: www.guardian.co.uk

Regina (Refugee Action) v Secretary of State for the Home Department – WLR Daily

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by sally

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin); [2014] WLR (D) 167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

JA (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted April 14th, 2014 in appeals, asylum, evidence, immigration, law reports, tribunals by sally

JA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 450; [2014] WLR (D) 163

‘Although a tribunal adjudicating on an asylum appeal did not have power, in the absence of express statutory provision, to exclude relevant evidence in the form of records of the asylum applicant’s interviews, it was required by the common law principle of fairness to consider with care how much weight should be attached to such evidence, having regard to the circumstances in which it came into existence, and the extent to which reliance could properly be placed on the applicant’s answers.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

Student Yashika Bageerathi removed from UK as legal bid fails – BBC News

Posted April 3rd, 2014 in appeals, asylum, deportation, education, immigration, news by sally

‘An A-Level student from north London has been removed from the country and is being flown back to Mauritius after a last ditch legal challenge failed.’

Full story

BBC News, 2nd April 2014

Source: www.bbc.co.uk

Theresa May orders review of gay asylum claim handling – BBC News

Posted March 31st, 2014 in asylum, equality, homosexuality, news by sally

‘The home secretary has ordered a review of how border officials handle asylum claims from gay and lesbian applicants.’

Full story

BBC News, 28th March 2014

Source: www.bbc.co.uk

Supreme Court rules on EU conditions for asylum seekers – UK Human Rights Blog

Posted March 10th, 2014 in asylum, EC law, human rights, news, Supreme Court by sally

‘The Supreme Court overturned the Court of Appeal’s decision on the correct test for when an asylum seeker or refugee resists their return to another EU country (here Italy) in which they first sought or were granted asylum. The parties before the court all agreed that the test applied by the Court of Appeal, namely a requirement for a systemic deficiencies in the listed country’s asylum procedures and reception conditions was incorrect.’

Full story

UK Human Rights Blog, 10th March 2014

Source: www.ukhumanrightsblog.com

Further torment – New Law Journal

Posted March 3rd, 2014 in asylum, bills, human rights, immigration, legal aid, legal representation, news, torture by sally

‘Rosalyn Akar Grams reviews the impact of LASPO on the provision of quality legal representation for survivors of torture, as part of an exclusive NLJ online series on legal aid post-LASPO.’

Full story

New Law Journal, 19th February 2014

Source: www.newlawjournal.co.uk

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same – WLR Daily

Posted February 25th, 2014 in appeals, asylum, EC law, human rights, international law, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same [2014] UKSC 12; [2014] WLR (D) 89

‘A presumption that members of an alliance of states such as those which comprised the European Union would comply with their international obligations in regard to refugee protection did not extinguish the need to examine whether in fact those obligations would be fulfilled when evidence was presented that it was unlikely that they would be. The removal of a person from a member state of the European Union was forbidden if it were shown that there was a real risk that the person removed would suffer inhuman or degrading treatment in violation of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It did not need to be shown that the source of that risk was a systemic deficiency in the asylum and reception procedures of the state to which the person was being removed.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted February 21st, 2014 in asylum, human rights, law reports by sally

R (on the application of EM (Eritrea)) (EH (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (MA (FC) (Appellant)) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (FC) (Appellant) v Secretary of State for the Home Department (Respondent); R (on the application of EM (Eritrea)) (AE (FC) (Appellant)) v Secretary of State for the Home Department (Respondent) [2014] UKSC 12 (YouTube)

Supreme Court, 19th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Suspected foreign war criminals ‘able to stay in UK’ – BBC News

Posted February 13th, 2014 in asylum, deportation, human rights, news, war crimes by sally

‘Forty-nine people suspected of genocide, torture or other serious crimes abroad are living in the UK despite being priority cases for deportation, figures reveal.’

Full story

BBC News, 13th February 2014

Source: www.bbc.co.uk

Diakité v Commissaire général aux réfugiés et aux apatrides – WLR Daily

Posted January 31st, 2014 in asylum, EC law, international law, interpretation, law reports, war by sally

Diakité v Commissaire général aux réfugiés et aux apatrides (Case C-285/12); [2014] WLR (D) 37

‘An internal “armed conflict” existed, for the purposes of article 15(c) of Council Directive 2004/83/EC, if a state’s armed forces confronted one or more armed groups or if two or more armed groups confronted each other. It was not necessary for that conflict to be categorised as “armed conflict” not of an international character under international humanitarian law; nor was it necessary to carry out, in addition to an appraisal of the level of violence present in the territory concerned, a separate assessment of the intensity of the armed confrontations, the level of organisation of the armed forces involved or the duration of the conflict.’

WLR Daily, 30th January 2014

Source: www.iclr.co.uk

IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted January 31st, 2014 in asylum, burden of proof, law reports, refugees, Scotland, treaties, United Nations by sally

IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2014] UKSC 6; [2014] WLR (D) 36

‘National decision-makers had an independent and autonomous responsibility under the Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) to determine the applications of those who had applied for asylum. An earlier decision of the United Nations High Commissioner for Refugees (“UNHCR”) to grant refugee status was not binding on the national decision-maker, nor did it create any presumption or shift the burden of proof.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) – Supreme Court

Posted January 30th, 2014 in appeals, asylum, law reports, refugees, Scotland, Supreme Court, treaties, United Nations by sally

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) [2014] UKSC 6 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

Handling of female asylum seekers ‘puts UK to shame’ – The Independent

Posted January 29th, 2014 in asylum, detention, human rights, immigration, news, rape, statistics, torture, women by sally

‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’

Full story

The Independent, 29th January 2014

Source: www.independent.co.uk

Mentally unfit refugees unfairly targeted by Home Office – The Guardian

Posted January 27th, 2014 in asylum, deportation, detention, government departments, immigration, mental health, news, refugees, select committees by sally

‘The Home Office is covertly targeting the most vulnerable asylum seekers – those considered mentally unfit, or victims of torture – for deportation as part of the government’s hardline stance on immigration, according to lawyers and charity workers.’

Full story

The Guardian, 25th January 2014

Source: www.guardian.co.uk