Immigration - Asylum and Personal

Cases

  • Youssef (Refugee Convention - Article 1F(c)) [2016] UKUT 00137 (IAC) (elements of personal responsibility for exclusion from refugee status under Article 1F(c))
  • R (ZAT and Others) v SSHD (Article 8 ECHR - Dublin Regulation – interface – proportionality) IJR [2016] UKUT 00061 (IAC) (unlawful exclusion of vulnerable applicants in the Calais "jungle")
  • R (MS) v SSHD (excluded persons: Restrictive Leave policy) IJR [2015] UKUT 00539 (IAC) (lawfulness of SSHD’s restricted leave policy and of conditions imposed under it)
  • R (MM, GY & TY) v SSHD [2015] EWHC 3513 (Admin), [2015] WLR (D) 503, Times January 30, 2016 (unlawful decision to refuse citizenship for purposes of deterrence of others)
  • R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840 [2015] 1 WLR 5341 (unlawfulness of detained fast track procedure)
  • AB and Others (internet activity – state of evidence) Iran [2015] UKUT 0257 (IAC) (risk to bloggers in Iran)
  • R (McCarthy) v SSHD Case C-202/13 [2015] QB 651, ECJ (right of entry of third-country national family member of Union citizen)
  • GJ (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC) (leading Country Guidance case on safety of return to Sri Lanka)
  • R (Geraldo, Aroun and Iqbal) v SSHD [2013] EWHC 2763 (Admin)  (leading case on the Home Office’s legacy programme)​
  • R (Atemewan) v SSHD [2013] EWHC 2727 (Admin)
  • Wang and Chin (extension of time for appealing) [2013] UKUT 00343 (IAC)
  • Al-Sirri & DD (Afghanistan) v SSHD [2012] UKSC 54 [2012] 3 WLR 1263, Supreme Court.  Exclusion from refugee status on basis of disputed allegations of ‘terrorism’; standard of proof applicable to exclusion decisions.
  • R (Osman Omar) v SSHD [2012] EWHC 3448 (Admin), Administrative Court.  Regulations setting fees for applications to the Home Office under Article 8 ECHR are unlawful because of lack of provision for fees to be waived for destitute person.
  • SSHD v AS (Somalia) and others [2011] EWCA Civ 1319 Times, January 2, 2012, Court of Appeal.  Home Secretary was wrong to dispute the existence of a right of appeal for applicants within the ‘legacy’ of previously unresolved asylum claims.
  • PR (Sri Lanka) and others v SSHD [2011] EWCA Civ 988 [2012] 1 WLR 73, Court of Appeal.  ‘Second-tier appeals test’ required applicants to show compelling grounds for bringing appeals to Court of Appeal.
  • Lumba and Mighty [2011] UKSC 11, Supreme Court. Detention of immigrants is unlawful where in breach of Home Office policies.
  • Abdi [2011] EWCA Civ 242, Court of Appeal. Time spent appealing is relevant to whether detention of an asylum-seeker has become unlawful.
  • Miskovic & Blazej [2011] EWCA Civ 16, Court of Appeal. Right to work of EU Accession 8 national working in UK before accession and married to a British citizen.
  • HJ (Iran) [2010] UKSC 31, [2010] 3 WLR 386, Supreme Court. Gay asylum-seekers cannot be expected to hide their sexuality to avoid persecution.
  • BB v Special Immigration Appeals Commission [2011] EWHC 336 (Admin), Divisional Court. Suspected terrorist has the right to know gist of case for opposing SIAC bail.
  • Suppiah [2011] EWHC 2 (Admin), Administrative Court.
  • Home Office detention of children unlawful for breach of policy.
  • EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC). Country guidance on safety of returning asylum-seekers to Zimbabwe.
  • Tilianu [2010] EWCA Civ 1397. Rights of self-employed EU national to reside if becomes unemployed.
  • Saeedi (NS) [2010] EWCA Civ 990. Greece as a 'safe third-country'. Whether ECHR and EU law allow removal to Greece while asylum-seekers do not have access to asylum procedures and welfare support required by EU law. Questions referred to European Court of Justice.
  • R (Clue) v Birmingham City Council [2010] EWCA Civ 460, [2011] 1 WLR 99, Court of Appeal. Local authority assistance to an overstayer with pending human rights representations.
  • Medical Justice [2010] EWHC 1925 (Admin). Administrative Court quashed Home Office policy of removing immigrants from the UK without giving 72 hours notice as a breach of fundamental right of access to the court. The Court had already granted interim relief preventing the Home Office from removals without notice until the case was resolved: [2010] EWHC 1425 (Admin)
  • Hussein [2010] EWHC 2651 (Admin). Home Office decision to continue detaining an Iraqi asylum-seeker whom Iraq had returned to UK was found to be unlawful
  • SS (Libya) [2010] SIAC. Whether EU law rights of asylum-seekers require suspected terrorist to be told the gist of the case against him in SIAC.
  • RS and Others (Zimbabwe - AIDS) Zimbabwe CG [2010] UKUT 363 (IAC). Country guidance on returning persons with AIDS to Zimbabwe.
  • SK (Article 1F(a) - exclusion) Zimbabwe [2010] UKUT 00327 (IAC). Whether participation in eviction of Zimbabwean farmers involved crimes against humanity.
  • E v Home Office [2010] County Court. Damages of £57,500 (including £25,000 exemplary damages) awarded to asylum-seeker detained for one month.
  • Nasseri [2009] UKHL 23, [2010] 1 AC 1, House of Lords. Court's power to consider safety of third-country when considering declaration of incompatibility with human rights.
  • RB (Algeria) [2009] UKHL 10, [2010] 2 AC 110, House of Lords. Special Immigration Appeals Commission procedure compatible with human rights.
  • BA (Pakistan) [2009] EWCA 1072, Court of Appeal. Assessment of asylum claims by Ahmadis.
  • HS (Afghanistan) [2009] EWCA Civ 771, Court of Appeal. Presumption that immigration judge's decision allowing appeal is correct.
  • QD (Iraq) [2009] EWCA Civ 620, [2011] 1 WLR 689, Court of Appeal. Humanitarian protection for Iraqis from a war zone.
  • Sonmez [2009] EWCA Civ 582, [2010] 1 CMLR 7, Court of Appeal. Use of EU law concept of abuse in cases of working without permission.
  • AK (Sri Lanka) [2009] EWCA Civ 447, [2010] 1 WLR 855, Court of Appeal. Right to consideration of human rights representations before removal. Success on the appeal led to the Sri Lankan appellant being returned to the UK and granted indefinite leave to remain.
  • Omar [2009] EWCA Civ 383, [2009] 1 WLR 2265, Court of Appeal. Principles governing extension of time for appealing for Home Office.
  • Y (Sri Lanka) [2009] EWCA Civ 362, [2009] HRLR 22, Court of Appeal. Art 3 ECHR can be breached by risk that removal will lead to asylum-seeker's suicide even where the asylum-seeker's fears of torture are no longer well-founded.
  • Al-Sirri [2009] EWCA Civ 222, [2009] INLR 586, Court of Appeal. Home Office cannot rely on foreign convictions obtained by torture or on indictments to show that asylum-seeker is a terrorist.
  • Rashid Hussein [2009] EWHC 2492 (Admin), [2010] Imm AR 320. Detention in automatic deportation cases.

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