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Tolerance of human rights violations against refugees has reached alarming levels in Europe

By Dunja Mijatović, Commissioner for Human Rights, Council of Europe, 19 June 2023
"I am struck by the alarming level of tolerance to serious human rights violations against refugees, asylum seekers and migrants that has developed across Europe" says Council of Europe Commissioner for Human Rights, Dunja Mijatović, from Lampedusa today, ahead of World Refugee Day. "…

Upper Tribunal: Postponing biometrics and entry clearance

By Asad Ali Khan, 15 June 2023
R (MRS & Anor) v ECO (Biometrics, Entry Clearance, Article 8) [2023] UKUT 85 (IAC) (30 Mar 2023) The Upper Tribunal thinks that it is open for the Home Office, in line with article 8 of the ECHR, to have a biometric discretion policy that places significant weight to the public…

Court of Appeal on credibility, standard of proof and appellate court's role

By Asad Ali Khan, 07 June 2023
MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 (28 February 2023) The central issue in this appeal was whether the Upper Tribunal was entitled to reach the conclusion that the appellant's claim for international protection failed because of his lack of…

How did ‘taking back control’ of borders become record-high net migration?

By Alex Balch, University of Liverpool, via The Conversation, 02 June 2023
Prime minister Rishi Sunak has described the UK's new immigration figures, showing over 600,000 net migration for the year ending December 2022, as "too high". While revised estimates from the Office for National Statistics (ONS) show this rate is actually the same as it was for the year…

The New Innovator Founder Visa

By Roelens Solicitors, 19 May 2023
The advent of this more "accessible" visa for entrepreneurs with effect from 13 April 2023 means there will be no need for the Start-up visa, since a minimum £50k investment will not be required under this new route. A level of investment appropriate for the Business Plan will however be…

LGBTIQ+ refugees often struggle to find peace and safety

By Filippo Grandi, United Nations High Commissioner for Refugees, 17 May 2023
Statement marking the 2023 International Day Against Homophobia, Transphobia and Biphobia attributed to UN High Commissioner for Refugees Filippo Grandi Today we observe the International Day Against Homophobia, Transphobia and Biphobia with its important theme: Together Always: United…

The UK vs the ECtHR: Anatomy of A Politically Engineered Collision Course

By Alice Donald and Philip Leach, Verfassungsblog, 09 May 2023
In recent months, the UK government has tabled two Bills before Parliament which would have the consequence – and almost certainly have the intention – of setting the UK on a collision course with the Council of Europe, and especially the European Court of Human Rights (ECtHR). Both the…

High Court Considers Cart JR Ouster Clause

By Alex Papasotiriou, Richmond Chambers, 09 May 2023
Oceana, R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) [2023] EWHC 791 (Admin) is a High Court judgment on a preliminary issue as to jurisdiction in a claim for judicial review; essentially a 'Cart JR' following the partial ouster of the High Court's 'Cart'…

llegal migration bill: can the government ignore the European court of human rights?

By Kanstantsin Dzehtsiarou, University of Liverpool via The Conversation, 28 April 2023
The illegal migration bill has been approved by MPs and now moves to the House of Lords. The controversial bill would make it so that anyone who arrives in the UK irregularly (for example, by small boat) can be removed to their country of origin or a third country (for example, Rwanda).…
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