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Establishing a breach of Article 3 in medical cases: The 'applicability' of Strasbourg jurisprudence

By Julia Lowis, Oxford Human Rights Hub Blog, 16 January 2018
In EA & Ors (Article 3 medical cases – Paposhvili not applicable) [2017] UKUT 00445 (IAC), the Upper Tribunal (Immigration and Asylum Chamber) refused to follow the most recent Strasbourg caselaw regarding the test for a breach of Article 3 ECHR in medical removal cases, finding that it was inconsistent with domestic precedent. The 'deathbed test'

Asylos publishes COI report on 'westernised' young males who are returned to Kabul

By Maya Pritchard, Asylos, 10 January 2018
Whilst many eagerly await the outcome of AS (Afghanistan), the country guidance case which is currently before the Upper Tribunal addressing the safety of Kabul, for the moment the key challenge in Afghan asylum cases remains getting past AK (Article 15(c)) Afghanistan CG [2012] UKUT 00163 (IAC) which maintained that most Afghan men could reasonably be expected to relocate, and thus be returned,…

Still Human, Still Here: Sexuality-Based Asylum Application Success

By Danielle Cohen, 08 January 2018
We represented an Appellant from Pakistan who was refused an asylum application on the basis of her being a lesbian. She claimed asylum in 2017 and came to us after her application was refused. We argued that the Appellant's account was coherent and authentic and that she gave a clear account of her self-realisation of her identity as a lesbian. We made reference to the UNHCR guidance of sexual…

High Court quashes guidance on deporting EEA nationals who are sleeping rough

By Charlotte Gilmartin, UK Human Rights Blog, 03 January 2018
R (On the Application of Gureckis) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin) Recent years have seen a significant increase in the number of people sleeping on the streets in Greater London — the figure has more than doubled since 2017. [1] This includes people of all nationalities, and a significant number of EEA nationals.

Inside Britain's asylum appeal system – what it's like to challenge the Home Office

By Jennifer Allsopp, Andrew Burridge, Melanie Griffiths, Nick Gill, Rebecca Rotter via The Conversation, 19 December 2017
New evidence suggests that where an asylum seeker ends up in Britain could have a significant impact on the likelihood that they are granted refugee protection, regardless of whether their life is in danger. From an Afghan child fleeing forced recruitment into the Taliban, to a Ugandan lesbian fleeing police violence, geography seems to be affecting the justice process that asylum seekers often…

Top 10 cases (in my view) that rocked our worlds in immigration law this year

By Amaka Nnamani, Augustus Chambers, 18 December 2017
In February 2017, the Supreme Court (SC) handed down the long awaited judgement in MM (Lebanon) and others v SSHD [2017] UKSC 10. The SC concluded that the minimum income requirement (MIR) was acceptable in principle but the Rules and the Instructions which underpin the decision making unlawfully fail to take proper account of the s 55 duty (in relation to the welfare and protection of children's…

Changes to the Immigration Rules: Workers, entrepreneurs, family members and more

By Latitude Law, 08 December 2017
On 7 December 2017 a Statement of Changes in Immigration Rules was published outlining a number of amendments which will (in the main) take effect in the New Year. The full Statement of Changes and Explanatory Memorandum can be viewed here: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc309-7-december-2017.

Case update: Recent court decisions affecting EU nationals

By Latitude Law, 16 November 2017
Recent weeks have seen three important court decisions concerning the rights of EU migrants; Khan v SSHD, which deals with rights of appeal, Toufik Lounes v SSHD which considers the rights of EU nationals following naturalisation in the UK, and SSWP v Gubeladze, which looks at the legality of the accession regulations (the provisions that apply to nationals of new EU countries, restricting some…
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