“The UK Border Agency has reacted with fury to a court ruling allowing a Sudanese asylum seeker who raped a 12-year-old girl to remain in Britain.”
The Independent, 15th July 2012
Source: www.independent.co.uk
“EU law is based on a central principle of mutual confidence. It therefore flies in the face of this trust to impose a legal duty on one member state to monitor whether another Member State was complying with its obligations under that law, including its obligation to respect fundamental human rights.”
UK Human Rights Blog, 11th July 2012
Source: www.ukhumanrightsblog.com
“Lawyers who deal with asylum claims are likely to be thin on the ground as a result of the legal aid cuts and the consequences for women asylum-seekers, in particular, will be ‘catastrophic’, charities have warned – writes Elizabeth Davidson.”
LegalVoice, 4th July 2012
Source: www.legalvoice.org.uk
“Wikileaks founder Julian Assange has told the BBC he almost certainly will not attend a police station after being served an extradition notice.”
BBC News, 28th June 2012
Source: www.bbc.co.uk
“Julian Assange walked into the Ecuador Embassy in London on Tuesday evening to claim political asylum. The President of Ecuador is shortly to make a statement on Assange’s application. Today I am talking to Francis FitzGibbon QC about the law relating to asylum and the legal consequences of Assange’s extraordinary decision to seek asylum – a decision which surprised several of his supporters who put up the bail money and which they are possibly in danger of forfeiting.”
Charon QC, 21st June 2012
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.
SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807; [2012] WLR (D) 178
“The Secretary of State was entitled to refuse asylum to a woman who had participated in two farm evictions in Zimbabwe on the grounds that her participation in the evictions was a crime against humanity under article 1F(a) of the Rome Statute of the International Criminal Court. The refusal was lawful even though the Secretary of State accepted that she would face a real risk of being subject to serious ill-treatment if returned to Zimbabwe, sufficient to breach her rights under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 19th June 2012
Source: www.iclr.co.uk
“The decision by the WikiLeaks founder Julian Assange to seek political asylum in the Ecuadorean embassy in London has sparked a fresh legal crisis over his already tortuous extradition case.”
The Guardian, 19th June 2012
Source: www.guardian.co.uk
“A group of Tamil asylum seekers who were meant to have been deported back to Sri Lanka this afternoon have been given a last minute reprieve after lawyers managed to persuade a court that they were at a credible risk of torture should they be returned.”
The Independent, 31st May 2012
Source: www.independent.co.uk
“Neglect by immigration detention centre staff contributed to the death of a Pakistani asylum seeker after he suffered a heart attack, an inquest jury has found.”
The Guardian, 25th May 2012
Source: www.guardian.co.uk
“A report by the Refugee Council to be published this week accuses the immigration service of continuing to detain child asylum seekers by wrongly classifying them as adults.”
The Guardian, 20th May 2012
Source: www.guardian.co.uk
Migrationsverket v Kastrati and Others (Case C-620/10); [2012] WLR (D) 139
“The withdrawal of an asylum application which occurred before the requested member state had agreed to take charge of the asylum seeker, had the effect that Council Regulation (EC) No 343/2003 which established the criteria and mechanisms for determining the member state responsible for examining an asylum application would no longer be applicable. In such circumstances, it was for the member state within the territory of which the application was lodged to take the decisions required as a result of that withdrawal and to discontinue the examination of the application, with a record of the information relating to it being placed in the applicant’s file.”
WLR Daily, 3rd May 2012
Source: www.iclr.co.uk
AA (Somalia) v Entry Clearance Officer: [2012] EWCA Civ 563; [2012] WLR (D) 134
“Paragraph 352D of the Statement of Changes in Immigration Rules, concerning the entitlement to entry clearance of a child seeking entry into the United Kingdom as a de facto adopted child of a sponsor who had previously been granted asylum as a refugee, did not extend to children who, neither adopted de jure nor de facto within the ambit of paragraph 309A of the Rules, could be styled as ‘adopted’ by reason of having become a child of the family.”
WLR Daily, 1st May 2012
Source: www.iclr.co.uk
“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”
UK Human Rights Blog, 2nd May 2012
Source: www.ukhumanrightsblog.com
“The home secretary is under fire for failing to comply with a high court order to bring an asylum seeker who is in hiding in Azerbaijan back to Britain.”
The Guardian, 30th April 2012
Source: www.guardian.co.uk
“The detention of a mentally ill person in an Immigration Removal Centre (IRC) amounted to inhuman and degrading treatment and false imprisonment, and was irrational, the High Court has ruled.”
UK Human Rights Blog, 23rd April 2012
Source: www.ukhumanrightsblog.com
“The UK Border Agency embarked on a controversial trial of using dental x-rays to establish the age of young asylum seekers without the formal approval of the NHS watchdog which ensures medical research is ethical, the Guardian can reveal.”
The Guardian, 5th April 2012
Source: www.guardian.co.uk
AH (Algeria) v Secretary of State for the Home Department [2012] EWCA Civ 395; [2012] WLR (D) 106
“In looking to the question whether an asylum seeker, who had been a member of a terrorist organisation and convicted of a crime outside the country of refuge, fell to be excluded from the Refugee Convention pursuant to article 1F(b) and (c) thereof, one had to avoid applying a presumption of individual liability; and in asking whether the crime in question was sufficiently ‘serious’ one also had to set the applicable threshold with care.”
WLR Daily, 2nd April 2012
Source: www.iclr.co.uk
“A man deemed likely to help try to kill a Russian politician on Britain’s streets has been allowed to return to the UK to fight to stay in the country.”
The Independent, 2nd April 2012
Source: www.independent.co.uk
“The Court of Appeal has allowed the suspected terrorist Al‐Jedda’s appeal against the Home Secretary’s decision to deprive him of his British nationality.”
UK Human Rights Blog, 29th March 2012
Source: www.ukhumanrightsblog.com
“A terror suspect has come a step closer to returning to the UK after winning a Court of Appeal battle against the Government’s decision to strip him of his British nationality.”
The Independent, 29th March 2012
Source: www.independent.co.uk
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