Category: asylum

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department [2009] EWCA Civ 172; [2009] WLR (D) 87

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2009 in asylum, homosexuality, law reports by sally

“When considering whether a homosexual person was entitled to refugee status, the test to be applied was whether the claimant would reasonably be expected to tolerate that he would have to be discreet, not only in the context of random sexual activity, but in relation to matters following from, and relevant to, sexual identity.”

WLR Daily, 11th March 2009

MK and Others (Somalia) v Entry Clearance Officer, Addis Ababa; Joint Council for the Welfare of Immigrants, intervening

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MK and Others (Somalia) v Entry Clearance Officer, Addis Ababa; Joint Council for the Welfare of Immigrants, intervening – Times Law Reports

Posted March 11th, 2009 in asylum, children, law reports by sally

Court of Appeal

“Children who were not legally adopted could not rely on concessions for asylum-seekers to enter the UK to stay with their aunt.”

The Times, 11th March 2009

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Court to decide whether Afghan seeking asylum in UK is a boy aged 15 – or a man – The Guardian

Posted March 10th, 2009 in asylum, children, news by sally

“Is he a boy, or is he a man? For Majid (not his real name), who arrived seven months ago from Afghanistan via Greece and France, hidden alone in a lorry, this is a vital question that will decide not only the course of his life, but also those of many others like him. A social worker for Kent, the local authority in Dover, says he is at least 18. A paediatrician who specialises in adolescent health says he is 15.”

The Guardian, 10th March 2009

Source: www.guardian.co.uk

UK child asylum rules ‘flouted’ – BBC News

Posted March 10th, 2009 in asylum, children, news by sally

“Government guidelines on the treatment of child asylum seekers are being ‘routinely flouted’ by UK Border Agency staff, according to a report.”

BBC News, 10th March 2009

Source: www.bbc.co.uk

Row on asylum children detention – BBC News

Posted March 9th, 2009 in asylum, children, news by sally

“The UK government’s treatment of the children of asylum seekers in detention is ‘abusive’ and ‘dehumanising’, it has been claimed.”

BBC News, 8th March 2009

Source: www.bbc.co.uk

‘Tortured’ asylum seeker’s plight – BBC News

Posted February 24th, 2009 in asylum, news by sally

“An asylum seeker who says she was tortured in her homeland claims she was forced by poverty into prostitution after her bid to stay in the UK failed.”

BBC News, 24th February 2009

Source: www.bbc.co.uk

Deporting gay asylum-seeker ‘was unlawful’ – The Independent

Posted February 20th, 2009 in asylum, deportation, homosexuality, news by sally

“A gay asylum-seeker who was unlawfully deported last year and now lives in fear of persecution must be found and returned to Britain, a High Court judge has ruled.”

The Independent, 20th February 2009

Asylum for lesbian on the run from Iran – The Independent

Posted February 16th, 2009 in asylum, homosexuality, Iran, news by sally

“A lesbian who fled Iran after her girlfriend was arrested and sentenced to death in Tehran has won her battle to be granted asylum in Britain.”

The Independent, 16th February 2009

Regina (Liverpool City Council) v Hillingdon London Borough Council and Another

Regina (Liverpool City Council) v Hillingdon London Borough Council and Another – Times Law Reports

Posted February 13th, 2009 in asylum, children, law reports, local government, social services by sally

Court of Appeal

“A local authority had failed to carry out its duty under section 20 of the Children Act 1989 when dealing with an asylum-seeker who claimed to be a child because it did not carry out an assessment of his welfare needs, or of the kind of accommodation that would be required to meet them.”

The Times, 13th February 2009

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Asylum detainees win record payout – The Independent

Posted February 13th, 2009 in asylum, children, compensation, detention, news by sally

“In a landmark settlement, the Congolese family have been awarded £150,000, believed to be the biggest payout over the unlawful detention of child refugees seeking asylum in Britain.”

The Independent, 13th February 2009

R (Liverpool City Council) v Hillingdon London Borough Council [2009] EWCA Civ 43; [2009] WLR (D) 45

R (Liverpool City Council) v Hillingdon London Borough Council – WLR Daily

Posted February 12th, 2009 in asylum, children, law reports, local government, social services by sally

“The responsibility for looking after a child in need fell on the local authority where the child was living and could not be fulfilled merely by sending the child on to another local authority, even if the child himself wanted to live in the area of that other authority. S 20 of the Children Act 1989 imposed a duty on the local authority to carry out a proper assessment of the child’s welfare needs and the type and location of accommodation that would meet those needs.”

WLR Daily, 11th February 2009

ZT (Kosovo) v Secretary of State for the Home Department

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ZT (Kosovo) v Secretary of State for the Home Department – Times Law Reports

Posted February 9th, 2009 in asylum, news by sally

House of Lords

“When a claim for asylum had been rejected as clearly unfounded under section 94(2) of the Nationality, Immigration and Asylum Act 2002, and the claimant made further submissions, the Secretary of State for the Home Department had to consider whether those further submissions created a realistic prospect of success under rule 353 of the Immigration Rules (HC 395) and not whether they were clearly unfounded under section 94 of the 2002 Act.”

The Times, 9th February 2009

ZT (Kosovo) v Secretary of State for the Home Department [2009] UKHL 6; [2009] WLR (D) 32

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

ZT (Kosovo) v Secretary of State for the Home Department – WLR Daily

Posted February 6th, 2009 in asylum, law reports by sally

“When an applicant whose claim for asylum was refused as ‘clearly unfounded’ under s 94(2) of the Nationality, Immigration and Asylum Act 2002 made further submissions, the Secretary of State had then to go on to consider whether those further submissions were fresh claims which ‘created a realistic prospect of success’ under r 353 of the Immigration Rules (HC 395).”

WLR Daily, 4th February 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Barmy’ legal aid for failed asylum seeker – The Independent

Posted January 30th, 2009 in asylum, legal aid, news by sally

“A decision to give legal aid to a failed asylum seeker and fraudster has been described as ‘barmy’.”

The Independent, 30th January 2009

Asylum system not coping with backlog of cases, says watchdog – The Guardian

Posted January 23rd, 2009 in asylum, news by sally

“The asylum system is developing a backlog of new cases that threaten to undermine efforts to clear an existing bank of more than 200,000 ‘legacy cases’, some dating back more than 10 years, a Whitehall spending watchdog warns today.”

CL (Vietnam) v Secretary of State for the Home Department

The Guardian, 23rd January 2009

Source: www.guardian.co.uk

CL (Vietnam) v Secretary of State for the Home Department – Times Law Reports

Posted January 7th, 2009 in asylum, children, law reports by sally

Court of Appeal

“Where an unaccompanied child seeking asylum appealed against the refusal of his claim and removal directions, it was necessary for the immigration judge, when considering that child’s human rights, to determine whether the reception facilities for the child on return were adequate. It was not solely an issue for the Secretary of State for the Home Department to determine.”

The Times, 7th January 2009

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Extra judges drafted in to hear immigration appeals – The Times

Posted December 15th, 2008 in appeals, asylum, courts, immigration, news by sally

“Extra judges are being drafted in to deal with more than 8,000 asylum and immigration appeals a year that threaten to overload the courts.”

The Times, 15th December 2008

Ruling frees asylum seekers to work – The Observer

Posted December 15th, 2008 in asylum, employment, human rights, news by sally

“A landmark legal ruling has paved the way for thousands of asylum seekers in the UK to be allowed to work. The High Court has ruled that current laws preventing an Eritrean asylum seeker from taking a job are incompatible with the European Convention on Human Rights.”

The Observer, 14th December 2008

Source: http://observer.guardian.co.uk/

Asylum seeker analysis ruled out – BBC News

Posted December 12th, 2008 in asylum, news by sally

“The Home Secretary has ruled out looking into why some asylum seekers are more likely to be turned away at the UK’s ports than others.”