from the Inner Temple Library
Regina (A) v West Middlesex University Hospital NHS Trust
Queen’s Bench Division
“A failed asylum seeker could become ordinarily resident in the United Kingdom so as to be eligible for free treatment by the National Health Service.”
The Times, 13th May 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“A Kurdish asylum seeker who has been living in Britain for eight years and whose wife is expecting their first baby is due to be deported today.”
The Guardian, 25th April 2008
Source: www.guardian.co.uk
Nnyanzi v United Kingdom (Application No 21878/06)
European Court of Human Rights
“There was no reason to belive that an applicant who unsuccessfully sought asylum, on the basis of her father’s political activities in Uganda, would be ill treated on her expulsion to that state.”
The Times, 23rd April 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“This report summarises the responses to the consultation, including how the consultation process has influenced the final shape of the rules.”
Response to consultation (PDF)
Ministry of Justice, 21st April 2008
Source: www.justice.gov.uk
Related link: Consultation paper (PDF)
“The true cost of using detention centres to lock up failed asylum-seekers has been exposed by statistics showing the extent of self-harm among those held.”
The Independent, 19th April 2008
Source: www.independent.co.uk
“Iraqi interpreters, clerical staff and labourers who face death threats and persecution after risking their lives working for British forces are challenging the Government’s refusal to grant them sanctuary in the UK.”
The Independent, 14th April 2008
Source: www.independent.co.uk
“A failed asylum seeker is challenging regulations that prevent him receiving free treatment from the NHS.”
The Daily Telegraph, 11th April 2008
Source: www.telegraph.co.uk
“Britain must radically change its immigration policy and end immediately the deportation of failed asylum-seekers who fear persecution in Iran, a group of leading peers will tell the Government today.”
The Independent, 28th March 2008
Source: www.independent.co.uk
“An independent report warned today that although the United Kingdom’s asylum system had improved slightly it was still not ‘fit for purpose’.
The Times, 27th March 2008
Source: www.timesonline.co.uk
“The UK government has defended its decision to resume the deportation of failed asylum-seekers to Zimbabwe.”
BBC News, 17th March 2008
Source: www.bbc.co.uk
“A gay Iranian teenager is to be allowed to stay in Britain because his case is now so notorious that it would be dangerous to deport him to Tehran.”
The Times, 14th March 2008
Source: www.timesonline.co.uk
“More than 1,400 rejected Iraqi asylum seekers are to be told they must go home or face destitution in Britain as the government considers Iraq safe enough to return them, according to leaked Home Office correspondence seen by the Guardian.”
The Guardian, 13th March 2008
Source: www.guardian.co.uk
“A gay Iranian teenager faces deportation from Britain and execution in his home country after a Dutch court refused to hear his asylum claim.”
The Times, 12th March 2008
Source: www.timesonline.co.uk
“The case of an asylum seeker who was raped and tortured in her native Cameroon could have far-reaching legal implications for others making the same claims whose applications for asylum have been refused. Although the case was resolved last month, details were only published in the high court on Friday, and it has been welcomed by organisations in the field.”
The Guardian, 10th March 2008
Source: www.guardian.co.uk
“An Iranian lesbian who fled to Britain after her girlfriend was arrested and sentenced to death faces being forcibly returned after losing the latest round in her battle to be granted asylum.”
The Independent, 7th March 2008
Source: www.independent.co.uk
“Mehdi Kazemi is a gay teenager from Iran. He sought sanctuary in Britain after his boyfriend was hanged for homosexuality. So why is Britain so determined to send him back to Tehran – to almost certain execution?”
The Independent, 6th March 2008
Source: www.independent.co.uk
“The number of failed asylum-seekers and their dependants removed from Britain fell last year by more than a quarter compared with the previous 12 months, according to government figures published yesterday.”
The Times, 27th February 2008
Source: www.timesonline.co.uk
Regina (SK) (Zimbabwe) v Secretary of State for the Home Department
Queen’s Bench Division
“A failed asylum-seeker awaiting deportation whose detention had not been properly reviewed had been deprived of safeguards prescribed by law and was entitled to damages for false imprisonment. His detention had been arbitrary and unlawful and contrary to the right to liberty enshrined in article 5 of the European Convention on Human Rights.”
The Times, 26th February 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Saadi v United Kingdom (Application No 13229/03)
European Court of Human Rights
“A delay of 76 hours in providing reasons for the detention of an asylum seeker was not compatible with article 5.2 of the European Convention on Human Rights that such reasons should be given promptly.”
The Times, 4th February 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Unaccompanied child asylum seekers who are denied the right to stay in the UK are to be deported before they reach 18, the government has announced.”
BBC News, 31st Janaury 2008
Source: www.bbc.co.uk
“Thousands of asylum-seekers who are routinely detained in fast-track removal centres while their claims are being considered by the Home Office could win the right to freedom when judges in Europe deliver a landmark ruling tomorrow.”
The Independent, 28th January 2008
Source: www.independent.co.uk
“Charity says asylum backlog is forcing 110,000 children into ‘horrifying’ lives of fear and poverty.”
The Guardian, 6th January 2008
Source: www.guardian.co.uk
“A 15-year-old Iraqi asylum seeker deported to Austria is to be returned to the UK after a high court judge condemned the Home Office’s ‘total lack of humanitarianism’ in the case. He arrived unaccompanied in Britain a year ago, and was said by his carer to have been terrified when Border and Immigration Agency officials arrived without warning at his home in south-west London at 4am to arrest him last month.”
The Guardian, 20th December 2007
Source: www.guardian.co.uk
“Thousands of failed asylum-seekers face forced removal to the volatile Democratic Republic of Congo, where they say they face rape, torture and even death, after a landmark immigration ruling.”
The Independent, 20th December 2007
Source: www.independent.co.uk
“Bangura, 19, escaped trafficking, witchcraft and threats to mutilate him in his home country of Sierra Leone to play professional football in the richest league in the world. Today, that dark past will come back to haunt him as his fight against a Home Office deportation order reaches its final stage.”
The Guardian, 26th November 2007
Source: www.guardian.co.uk
“The planned removal from the UK of a suicidal Kurdish teenager whose traumatic experience of the British deportation process drove her to self-harm appeared to have been scrapped yesterday.”
The Independent, 23rd November 2007
Source: www.independent.co.uk
“A Burmese dissident who faced deportation that could have sent him to the torture chamber in his troubled homeland has won his battle to stay in Britain after Gordon Brown stepped in to order a review of his case.”
The Independent, 22nd November 2007
Source: www.independent.co.uk
“In determining whether it would be unduly harsh to expect an asylum seeker to relocate to a safe haven in another part of his country, there was no requirement that the starting point of the assessment had to be consideration of conditions prevailing in the area from where the claimant had fled. It was for the decision maker to determine what weight was to be given to that, and all other relevant factors, in the context of the particular facts of the case.”
WLR Daily, 16th November 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
AH and Others (Sudan) v Secretary of State for the Home Department
House of Lords
“In determining whether it would be unduly harsh to expect an asylum seeker to relocate to a safe haven in another part of his country, there was no requirement that consideration of conditions in the place of habitual residence had to be the starting point of the assessment. It was for the decision-maker to determine what weight was to be given to that, and all other relevant factors, in the context of the particular facts of the case.”
The Times, 15th November 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The House of Lords has ruled that Darfuri asylum seekers can be deported to the Sudanese capital, Khartoum, overturning an earlier court of appeal decision.”
The Guardian, 14th November 2007
Source: www.guardian.co.uk
“A consultation paper proposing amendments to clarify existing rules and procedures, and to incorporate case law into the Asylum and Immigration Tribunal’s Procedure Rules and Fast Track Procedure Rules. One amendment is required as a result of primary legislation (the UK Borders Bill).”
Ministry of Justice, 5th November 2007
Source: www.justice.gov.uk
“Iraqi interpreters and other key support staff who have risked their lives to work for Britain are to be allowed to settle in the United Kingdom, The Times has learnt.”
The Times, 6th October 2007
Source: www.timesonline.co.uk
“An asylum seeker with Aids who claims it would amount to inhuman or degrading treatment to send her home to Uganda will take a test case to the 17-judge grand chamber of the European court of human rights in Strasbourg today.”
The Guardian, 26th September 2007
Source: www.guardian.co.uk
Continued detention of failed asylum-seeker is lawful
Regina (A) v Secretary of State for the Home Department
Court of Appeal
“The continued detention, pending deportation, of a failed asylum-seeker after the end of a term of imprisonment because the safety of the public would be at risk and there was a high risk that he would abscond, was not unlawful.”
The Times, 5th September 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“The home secretary, Jacqui Smith, has been ordered by a high court judge to suspend deportations of failed asylum seekers to the Democratic Republic of Congo.”
The Guardian, 23rd August 2007
Source: www.guardian.co.uk
“The number of failed asylum seekers removed from Britain has fallen to its lowest level for five years as immigration staff step up efforts to meet the prime minister’s target of deporting 4,000 foreign prisoners by the end of the year, the Home Office admitted yesterday.”
The Guardian, 22nd August 2007
Source: www.guardian.co.uk
Asylum Act provision is incompatible
Regina (Nasseri) v. Secretary of State for the Home Department
Queen’s Bench Division
“An absolute bar preventing the Secretary of State for the Home Department from considering whether certain countries would return asylum-seekers in contravention of their human rights was incompatible with the right to not be subjected to torture or inhuman or degrading treatment or punishment.”
The Times, 3rd August 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication
R(A) v. Secretary of State for the Home Department
“The Secretary of State had not acted unlawfully in continuing to detain pending removal a failed asylum seeker who, having served a sentence of imprisonment for rape, was considered to be a risk to the public and highly likely to abscond. The period of detention was not unreasonable in the circumstances and where the detainee had refused to return voluntarily and no means were available for his enforced return.”
WLR Daily, 30th July 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A bogus lawyer who evaded security at two detention centres and took thousands of pounds from desperate asylum seekers is at the centre of a police investigation. The Home Office confirmed that detectives are examining the activities of Alan Kamara-Francis, a self-styled ’street barrister’ who claims he has been entering Yarl’s Wood and Oakington detention centres for the past four years to act as a legal adviser to migrants facing deportation.”
The Guardian, 24th July 2007
Source: www.guardian.co.uk
Support for asylum seekers
Regina (AW, A and Y) v. Croydon London Borough Council and Another
Court of Appeal
“The duty to provide for an ablebodied destitute failed asylum-seeker, for whom the provision of support was necessary to avoid the breach of his or her rights under the European Convention on Human Rights, fell upon the Secretary of State for the Home Department whereas the duty to provide for an infirm destitute failed asylum-seeker in such circumstances rested upon the local authority.”
The Times, 11th May 2007
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
R (AW and others) v. Croydon London Borough Council and another [2007] EWCA Civ 266
Where a failed asylum seeker satisfied the criteria of s 21(1) and (1A) of the National Assistance Act 1948 in that he or she was “infirm destitute” and the provision of support was necessary for the purpose of avoiding a breach of his or her Convention rights within the meaning of para 3 of Sch 3 to the Nationality, Immigration and Asylum Act 2002, that provision fell to be made by a local authority pursuant to s 21 of the 1948 Act.
WLR Daily, 4th April 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The deportation of hundreds of Darfuri asylum-seekers was halted yesterday after three judges ruled that the conditions in camps near Khartoum were ‘unduly harsh’.”
The Times, 5th April 2007
Source: www.timesonline.co.uk
“The removal of Darfuri asylum seekers from the UK for relocation in Sudanese refugee or squatter camps was brought to an abrupt halt by the court of appeal today.”
The Guardian, 4th April 2007
Source: www.guardian.co.uk
“[Amuna Ibrahim] is among scores of Darfuris summoned in recent days by the Home Office. The sudden rush to deport them — some are due to be flown back tomorrow — comes before a crucial Court of Appeal ruling that could stop Britain from sending them back to Khartoum, the seat of the government that sent the murderous horsemen and bombers to wreak havoc on Darfur.”
The Times, 2nd April 2007
Source: www.timesonline.co.uk
