Archive for the 'asylum' Category

Gay asylum claims not being counted despite pledge, admit ministers – The Guardian

“Ministers have admitted they are failing to collect data on the number of people who claim or are refused asylum on the basis of their sexuality, despite a government promise not to deport lesbians and gay men at risk of persecution.”

Full story

The Guardian, 1st May 2011

Source: www.guardian.co.uk

British courts regain power to deport terrorist suspects – Daily Telegraph

“British courts yesterday won back the power to deport terrorist suspects, criminals and failed asylum seekers after European judges were told to stop interfering.”

Full story

Daily Telegraph, 27th April 2011

Source: www.telegraph.co.uk

Court of Appeal rejects ‘hit-and-run’ deportation bid – BBC News

“A government bid to deport a failed asylum seeker who killed a 12-year-old girl in a hit-and-run in Lancashire has been rejected by the Court of Appeal.”

Full story

BBC News, 8th April 2011

Source: www.bbc.co.uk

Deadline pledged for Coventry asylum case – BBC News

“The UK Border Agency has pledged a deadline of this summer to conclude the asylum case of a man in Coventry which has been going on for 11 years.”

Full story

BBC News, 31st March 2011

Source: www.bbc.co.uk

PO (Nigeria) v Secretary of State for the Home Department – WLR Daily

PO (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 132; [2011] WLR (D) 61

“The current practice of producing a headnote of the determination of the Asylum and Immigration Tribunal in a country guidance case needed to be reviewed.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

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

Ugandan ‘lesbian’ drops homosexual claim – Daily Telegraph

“‘BN’, the asylum seeker who escaped deportation to Uganda by claiming to be a lesbian, is the subject of a new legal appeal – which hinges not on her sexuality but on the publicity surrounding the case.”

Full story

Daily Telegraph, 19th February 2011

Source: www.telegraph.co.uk

Torture victim fights decision to deport her back to Sudan – The Independent

“A Darfuri torture victim is today set to be deported back to Sudan, where she believes she could be killed, due to what her supporters claim is a ‘bureaucratic blunder’ by the Home Office.”

Full story

The Independent, 14th February 2011

Source: www.independent.co.uk

Supreme Court ruling puts children first in immigration cases – Law Society’s Gazette

“A landmark Supreme Court ruling has put the ‘best interests of the child’ at the centre of decision-making in immigration cases involving the deportation or removal of their parents.”

Full story

Law Society’s Gazette, 10th February 2011

Source: www.lawgazette.co.uk

ZH (Tanzania) v Secretary of State for the Home Department – WLR Daily

“The need to safeguard and promote the welfare of children who were in the United Kingdom was a primary consideration when immigration authorities were making a decision as to the deportation of a parent whose application for asylum in the United Kingdom had been refused. Once the children’s best interests had been identified, the authorities were then required to assess whether those interests were outweighed by any other considerations such as the need to maintain a proper and efficient system of immigration control. When the children had British citizenship that was of particular importance in assessing their best interests.”

WLR Daily, 2nd February 2011

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.

Regina (Z) v Croydon London Borough Council – WLR Daily

Regina (Z) v Croydon London Borough Council [2011] EWCA Civ 59; [2011] WLR (D) 29

“Where a court was considering whether to grant permission to proceed with a claim for judicial review of a local authority’s decision in an age assessment case the court should ask whether the material before it raised a factual case which, taken at its highest, could not properly succeed in a contested factual hearing. If so, permission should be refused. If not, permission should normally be granted, subject to other discretionary factors, such as delay. It was axiomatic that an unaccompanied asylum seeker who claimed to be a child should be given, where an assessment of his age was being conducted by a local authority, a fair and proper opportunity, at a stage when a possible adverse decision was no more than provisional, to deal with important points adverse to his age case which weighed against him.”

WLR Daily, 2nd February 2011

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.

Landmark human rights ruling allows asylum mother to remain in UK – The Guardian

“Immigration authorities will have to listen to the views of children whose parents are facing deportation, the supreme court has said, in a landmark human rights ruling on the rights of children born to illegal immigrants.”

Full story

The Guardian, 1st February 2011

Source: www.guardian.co.uk

Related link: Full judgment: ZH (Tanzania) (FC) v Secretary of State for the Home Department

Appeal over hit-and-run asylum seeker – The Independent

“The UK Border Agency will appeal against a tribunal ruling preventing the deportation of a failed asylum seeker who killed a 12-year-old girl in a hit-and-run driving incident, Immigration Minister Damian Green said today.”

Full story

The Independent, 17th December 2010

Source: www.independent.co.uk

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

DD (Afghanistan) v Secretary of State for the Home Department [2010] EWCA Civ 1407; [2010] WLR (D) 330

“Section 54 of the Immigration, Asylum and Nationality Act 2006, on the construction of art 1F(c) of the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), confirmed by statute that acts of individuals might be acts contrary to the purposes and principles of the United Nations, which ‘included’ acts instigating terrorism and could include acts directed against UN mandated forces.”

WLR Daily, 16th December 2010

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.

Failed asylum seeker who left girl to die allowed to remain in Britain – Daily Telegraph

“A failed asylum-seeker who left a 12-year-old girl dying under the wheels of his car while banned from driving will be allowed to remain in the UK, judges ruled today.”

Full story

Daily Telegraph, 16th December 2010

Source: www.telegraph.co.uk

Supreme court clears way to deport rapist – The Independent

“A Somali national jailed for rape and indecency with a child faces deportation following a ruling of the Supreme Court.”

Full story

The Independent, 25th November 2010

Source: www.independent.co.uk

RT (Zimbabwe) v Secretary of State for the Home Department; SM (Zimbabwe) v Same; AM (Zimbabwe) v Same; DM (Zimbabwe) v Same – WLR daily

RT (Zimbabwe) v Secretary of State for the Home Department; SM (Zimbabwe) v Same; AM (Zimbabwe) v Same; DM (Zimbabwe) v Same [2010] EWCA Civ 1285; [2010] WLR (D) 295

“A claim for asylum would not be defeated if the tribunal found that a claimant would be willing to lie about political beliefs, or about the absence of political beliefs, but that the reason for the lie was to avoid persecution.”

WLR daily, 22nd November 2010

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.

European court demands halt to forcible return of Iraqi asylum seekers – The Guardian

“The government’s programme of deporting failed asylum seekers to Iraq has been thrown into confusion after the European Court of Human Rights ruled that forcible returns to Baghdad should be suspended immediately because of an upsurge in sectarian violence and suicide bombings.”

Full  story

The Guardian, 5th November 2010

Source: www.guardian.co.uk

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) – WLR Daily

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) [2010] EWCA Civ 634 1101; [2010] WLR (D) 257

“Local authorities enjoyed, by virtue of s 23C(4)(c) of the Children Act 1989, the power to accommodate a person who had formerly been a child in care and was therefore a former ‘relevant child’ within s 23A of the Act, and a local authority was not entitled, when considering whether the welfare of a former ‘relevant child’ who was also an asylum seeker required that he be accommodated by it, to take into account the possibility of support by the National Asylum Support Service.”

WLR Daily, 20th October 2010

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.

Enforced returns to Zimbabwe will resume – UK Border Agency

“Following a written ministerial statement today by the Minister for Immigration, the UK Border Agency will be resuming enforced returns of failed asylum seekers to Zimbabwe.”

Full press release

UK Border Agency, 14th October 2010

Source: www.ukba.homeoffice.gov.uk

Zimbabweans who fail to gain asylum will be forced to return – The Independent

“Britain is to begin the forced return of thousands of failed asylum seekers to Zimbabwe in a change of policy condemned by human rights groups.”

Full story

The Independent, 15th October 2010

Source: www.independent.co.uk

Millions paid in compensation to migrants locked up in UK – The Guardian

“Millions of pounds in compensation is being paid to migrants who have been traumatised after being locked up in detention centres across the UK, the Guardian has learned.”

Full story

The Guardian, 26th September 2010

Source: www.guardian.co.uk

Child M and family to be deported to Iran despite protests – The Guardian

“A 10-year-old boy who has lived in the UK for three years with his family has been told by a high court judge he must return to Iran as soon as possible, despite a petition to prevent his deportation that has more than 5,000 signatures.”

Full story

The Guardian, 22nd September 2010

Source: www.guardian.co.uk

Home Office to deport Jamaican mother after 10 years in UK – The Guardian

“A hunger striker who protested at the treatment of immigration detainees in Yarl’s Wood detention centre is due to be deported to Jamaica today.”

Full story

The Guardian, 15th September 2010

Source: www.guardian.co.uk

Legal aid is in tatters and only long-term thinking can mend it – The Guardian

“The legal aid budget for asylum seekers is bloated because poor and rushed decisions are made early on – only radical reform, not cuts, can trim the bill.”

Full story

The Guardian, 19th August 2010

Source: www.guardian.co.uk

R (PM) v Hertfordshire County Council – WLR Daily

R (PM) v Hertfordshire County Council [2010] EWHC 2056 (Admin); [2010] WLR (D) 229

“A local authority charged with obligations to children under ss 17 and 20 of the Children Act 1989 was not bound by a simple finding of fact by the First Tier Tribunal (Immigration and Asylum Chamber) as to the age of an applicant for support. Such a finding was not a judgment in rem nor otherwise binding in law on the local authority, or on other strangers to the asylum and immigration appeal.”

WLR Daily, 6th August 2010

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.

UK Border Agency investigation finds cause for ‘significant concern’ – The Guardian

“An investigation into claims by a whistleblower that asylum seekers are mistreated, tricked and humiliated by staff working for the UK Border Agency has found cause for ‘significant concern’ and makes several recommendations for change.”

Full story

The Guardian, 8th August 2010

Source: www.guardian.co.uk

Legal aid clients left in limbo after payment changes – BBC News

“Hundreds of lawyers no longer advise vulnerable clients as changes in legal aid payments have forced many to abandon the work, the BBC has learned.”

Full story

BBC News, 5th August 2010

Source: www.bbc.co.uk

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same – WLR Daily

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same [2010] UKSC 36; [2010] WLR (D) 203

“An asylum seeker who made a new application for asylum after his original application for asylum had finally failed, was entitled to the benefits conferred by the European Directive setting minimum standards for the reception of asylum seekers. That included an entitlement to permission to work if the new application had not been determined within one year of its presentation.”

WLR Daily, 28th July 2010

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.

Deportation fast-track system for asylum seekers is illegal, court rules – The Guardian

“A fast-track process for deporting failed asylum-seekers, which gives them little or no notice of their immediate removal, is unlawful, the high court ruled today.”

Full story

The Guardian, 26th July 2010

Source: www.guardian.co.uk

Ruling expected on ‘fast-track deportation’ policy – The Independent

“The High Court is ruling today on the legality of a Home Office policy which allows the speedy deportation of foreign nationals refused permission to remain in the UK.”

Full story

The Independent, 26th July 2010

Source: www.independent.co.uk

Iraqi pupil to be thrown out of Britain over age dispute – The Independent

“An Iraqi refugee who is studying for his GCSEs has been told he will be made homeless and deported because social workers have decided that he is 20 years old.”

Full story

The Independent, 23rd July 2010

Source: www.independent.co.uk

HJ v Secretary of State for the Home Department; HT v Same ú – WLR Daily

HJ v Secretary of State for the Home Department; HT v Same ú [2010] UKSC 31; [2010] WLR (D) 174

“To reject a gay person’s claim for refugee status on the ground that, if returned to his home country, he could avoid persecution by living discreetly would be to deny his right, protected by the 1951 Convention and 1967 Protocol relating to the Status of Refugees, to live freely and openly as himself without fear of persecution. The current test, that such a claim would fail where the claimant could reasonably be expected to live discreetly concealing his sexual identity to avoid persecution, if returned to his home country, was wrong and should not be followed.”

WLR Daily, 8th July 2010

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.

Why the Supreme Court ruled against the deportation of gay asylum-seekers – The Independent

“Gay and lesbian asylum-seekers have won the right to live in Britain after the Supreme Court ruled yesterday that the Government was wrong to return refugees to countries where people had to choose between homophobic persecution or hiding their true sexual identity.”

Full story

The Independent, 8th July 2010

Source: www.independent.co.uk

Supreme court recognises gay asylum rights – The Guardian

“Judgment means lesbian, gay, bisexual and transgender people have the right to escape persecution.”

Full story

The Guardian, 7th July 2010

Source: www.guardian.co.uk

Court to rule on gay asylum seekers – The Independent

“The Supreme Court rules today on cases brought by two gay failed asylum seekers who could face persecution if they are deported.”

Full story

The Independent, 7th July 2010

Source: www.independent.co.uk

Home Office advice to gay asylum seekers criticised – BBC News

“The Home Office has been accused of telling gay and lesbian asylum seekers to avoid persecution back home by keeping their sexuality secret.”

Full story

BBC News, 6th July 2010

Source: www.bbc.co.uk

FA (Iraq) v Secretary of State for the Home Department – WLR Daily

FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696; [2010] WLR (D) 152

“Where a person who had been granted leave to enter or remain in the United Kingdom for a year or more appealed against the refusal of his claim for asylum under s 83 of the Nationality, Immigration and Asylum Act 2002 he was entitled, by virtue of the principle of equivalence under Community law, to include the refusal of his claim for humanitarian protection in the appeal.”

WLR Daily, 21st June 2010

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.

MS (Palestinian Territories) v Secretary of State for the Home Department – WLR Daily

MS (Palestinian Territories) v Secretary of State for the Home Department [2010] UKSC 25; [2010] WLR (D) 150

“The specifying of a particular country or territory of destination in a notice of a decision to remove an illegal immigrant from the United Kingdom was not an integral part of an immigration decision within the meaning of s 82(2)(h) of the Nationality, Immigration and Asylum Act 2002. There was no freestanding right of appeal against an immigration decision on the ground that the person to be deported was unlikely to be admitted to the destination specified.”

WLR Daily, 16th June 2010

Source: www.lawreports.co.uk

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

Funding crisis over legal aid threatens UK asylum chaos, ministers are warned – The Guardian

“The government has been warned of impending chaos in the asylum system if a body representing the rights of people fleeing persecution and violence is forced to close due to changes in the way legal aid is paid.”

Full story

The Guardian, 30th May 2010

Source: www.guardian.co.uk

Judge orders Home Office to stop deportations without warning – The Guardian

“A high court judge has ordered the Home Office to halt the deportation of foreign nationals with almost no warning after a legal challenge argued the process denies people access to justice before they are removed.”

Full story

The Guardian, 25th May 2010

Source: www.guardian.co.uk

UK policy on gay and lesbian asylum seekers challenged in Supreme Court – The Guardian

“Laws which mean gay and lesbian asylum seekers can be returned to countries where they face persecution will be challenged tomorrow [10th May] in the UK’s highest court.”

Full story

The Guardian, 9th May 2010

Source: www.guardian.co.uk

Rapist avoids deportation so that he can marry in Britain – Daily Telegraph

“A convicted rapist facing deportation has won a High Court battle to be allowed to stay in the country to get married.”

Full story

Daily Telegraph, 30th March 2010

Source: www.telegraph.co.uk

R (JS (Sri Lanka)) v Secretary of State for the Home Department – WLR Daily

R (JS (Sri Lanka)) v Secretary of State for the Home Department [2010] UKSC 15; [2010] WLR (D) 79

“An asylum seeker was excluded from protection under the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), pursuant to art 1F(a), if there were serious reasons for considering him voluntarily to have contributed in a significant way to an organisation’s ability to pursue the purpose of committing war crimes or crimes against humanity, whilst being aware that his assistance would in fact further that purpose.”

WLR Daily, 19th March 2010

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.

Asylum deportation flights need rights monitors, EU says – The Guardian

“Deportation flights should carry human rights monitors to check on the safety of failed asylum seekers who have been forcibly removed, a senior EU commissioner has recommended.”

Full story

The Guardian, 14th March 2010

Source: www.guardian.co.uk

Officials failed to investigate asylum detainee abuse claims – report – The Guardian

“The UK Border Agency has failed to properly investigate claims of mistreatment by failed asylum seekers, including a woman handcuffed while undergoing a biopsy on a breast lump, according to an official inquiry report published today.”

Full story

The Guardian, 12th March 2010

Source: www.guardian.co.uk

Boris Berezovsky wins libel case over Litvinenko murder – The Guardian

“The exiled Russian oligarch Boris Berezovsky was today awarded libel damages of £150,000 over ‘savage’ allegations he was behind the murder of his Alexander Litvinenko, the poisoned Russian dissident who was his close friend.”

Full story

The Guardian, 10th March 2010

Source: www.guardian.co.uk

Legal challenge over Yarl’s Wood women – The Guardian

“Lawyers are due to launch a legal challenge today on behalf of four women held at Yarl’s Wood detention centre, claiming their incarceration amounts to ‘cruel, inhumane and degrading’ treatment that breaches their human rights.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk

Huge rise in unresolved asylum cases revealed – The Guardian

“Labour’s record on tackling asylum faces a fresh onslaught today over figures that show a new backlog of 30,000 cases and a warning by the government’s immigration watchdog that its targets are currently ‘unachievable’.”

Full story

The Guardian, 26th February 2010

Source: www.guardian.co.uk

Home Office to opt out of asylum claims EU directive – The Guardian

“Home Office ministers are to opt out of a European directive which lays down minimum standards for the treatment of asylum claims because it would mean abandoning a fast-track process that leads to hundreds of asylum seekers being detained every year.”

Full story

The Guardian, 24th February 2010

Source: www.guardian.co.uk

Border staff humiliate and trick asylum seekers – whistleblower – The Guardian

“Claims that asylum seekers are mistreated, tricked and humiliated by staff working for the UK Border Agency are to be investigated in parliament.”

Full story

The Guardian, 2nd February 2010

Source: www.guardian.co.uk

Family wins £100,000 for detention ordeal – The Guardian

“A refugee has won a settlement of £100,000 from the Home Office after it admitted falsely imprisoning her and her children at an immigration detention centre.”

Full story

The Guardian, 29th January 2010

Source: www.guardian.co.uk

Detaining children in Britain: No place for the innocent – The Independent

“What kind of country drags vulnerable children from their beds at daybreak, puts them behind bars and fills them with terror? Paul Vallely meets a family who have endured this horror – in Britain. And they’re not alone.”

Full story

The Independent, 12th January 2010

Source: www.independent.co.uk

BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department – WLR Daily

BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department; [2009] UKSC 7 ; [2009] WLR (D) 344

“A person who had made an asylum claim or a human rights claim within the meaning of s 113(1) of the Nationality, Immigration and Asylum Act 2002 was entitled, by virtue of s 92(4)(a), to remain in the United Kingdom until his appeal against a decision that he be removed from the UK had been disposed of, unless the Secretary of State had issued certificates to contrary effect under ss 94 or 96 of the Act.”

WLR Daily, 26th November 2009

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.

 

R (A) v Croydon London Borough Council; R (M) vLambeth London Borough Council – WLR Daily

R (A) v Croydon London Borough Council; R (M) vLambeth London Borough Council [2009] UKSC 8; [2009] WLR (D) 342

“Where an asylum seeker’s claim to be under the age of 18 (and so entitled to accommodation under s 20(1) of the Children Act 1989) was disputed by the local authority who would have to provide the accommodation, the question of age was an objective fact to be ultimately determined, in the event of challenge, by the court.”

WLR Daily, 24th November 2009

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.

 

Immigration judges: ‘Afghanistan is not in a state of war’ – The Independent

“Hundreds of Afghans living in Britain face being deported after immigration judges ruled that their home country’s bloody conflict did not make the region an unsafe place to return failed asylum-seekers.”

Full story

The Independent, 23rd October 2009

Source: www.independent.co.uk


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