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LOCATION: Home » Human Rights » Asylum and Human Rights » Page 3

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The Definition of “Precarious” - Precarious No More? The Case of Rhuppiah v SSHD
By Richmond Chambers -

On 14 November 2018, the Supreme Court delivered their judgment in Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. In making this judgment, the Justices have clarified when an individual’s...

 immigration status should be considered ‘precarious’. As we will see, whether their status is considered precarious or not  will determine the extent to which their private life in the UK is protected...

Supreme Court: The meaning of ‘unduly harsh’ and ‘reasonableness’ in child immigration cases
By Richmond Chambers -

On Wednesday 24th October 2018, the UK Supreme Court tackled the application of the terms, ‘unduly harsh’ and ‘reasonableness’ in child immigration cases in the case of KO (Nigeria) & Others (Appellant)...

 v SSHD [2018] UKSC53. What legislation was in question? Where a person is subject to immigration controls, and is required to be removed, Section 117B lists the points for the court to take into account....

Home Office’s Policy on Children Found “Untenable”
By Richmond Chambers -

In this post, I will unpack the recently promulgated case of SR (subsisting parental relationship – s117B(6)) Pakistan [2018] UKUT 00334 (IAC) (5 September 2018), which distills two important...

 principles for appeals and applications involving a relationship between a parent and a child who is either a British citizen or has lived in the UK for 7 continuous years: “1. If a parent (‘P’) is unable...

More Delay: Upper Tribunal considers delay in Home Office decision-making
By Alexandra Pease - Barrister Partner

In two earlier blog posts  we examined how quickly an individual can expect an application to be decided, current visa processing times and the approach to delay.   Further Legal Developments The Upper Tribunal...

 recently dealt with an asylum case  involving delay. R (on the application of TM (A Minor) by his litigation friend, The Official Solicitor) v Secretary of State for the Home Department (Minor – asylum...

Some UK asylum seekers waiting over 20 years for Home Office decisions on their application for asylum
By Richmond Chambers -

A detailed investigation by The Guardian newspaper into the length of time asylum seekers spend waiting for Home Office decisions on their claims for asylum has revealed that some people are hanging on for...

 over 20 years for a final decision. In 2017 alone, 17 people were advised on the final outcome of claims submitted over 15 years back, with four of these people waiting 20 years for the final decision. One asylum...

When Must the Seriously Ill or Dying Go Home? The Case of SL (St. Lucia)
By Richmond Chambers -

Over the years, a significant amount of case law has emerged giving guidance on removing or deporting individuals in heartbreaking circumstances from the UK; namely, when those individuals are severely ill or...

 dying, but are receiving ongoing medical treatment. In the recent case of SL (St. Lucia) v Secretary of State for the Home Department [2018] EWCA Civ 1894, identifying when removing or deporting these...

Upper Tribunal Rules on Protection Claims by Ukraine Draft-Evaders
By Richmond Chambers -

As the war in Eastern Ukraine rages on, there has been a marked increase in the number of Ukrainians migrating to the UK. Many of them are young men seeking asylum, evading the military draft re-introduced in Ukraine...

 on 1 May 2014. The scope of the draft was expanded in January 2015, and now all men between the ages of 20 and 27 are required to serve in the armed forces for at least one year. This latest conflict on...

New test for victims of trafficking
By Richmond Chambers -

Legal background Article 4 of the European Convention on Human Rights (“the ECHR”) provides that no one shall be held in slavery or servitude, and no one shall be required to perform forced or...

 compulsory labour. The Council of Europe Convention on Action against Trafficking in Human Beings 2005 (CETS No 197) focuses not only on the prevention of trafficking and the prosecution of traffickers, but also on...

BSB publishes Vulnerability Good Practice Guide (Immigration Clients) for Immigration Barristers
By Richmond Chambers -

Richmond Chambers has been working with the Bar Standards Board to help produce a user guide for barristers working with vulnerable adult immigration clients, released this week. The Vulnerability Good Practice Guide...

 aims to help barristers to identify, assess and manage client vulnerabilities in line with good practice. This guide was a response to the recommendations made by the BSB’s Immigration Thematic Review...

Family members of EEA nationals: When can an appeal stop removal?
By Alex Papasotiriou - Immigration Barrister

In Bilal Ahmed, the Court of Appeal concluded that an appeal under the EEA Regulations against a decision to refuse to issue an EEA document does not prevent the removal of the appellant where there is no other...

 basis of stay. In other words, the appeal does not have suspensive effect. On the contrary, by virtue of Regulation 40(3) of the EEA Regulations 2016, whilst an appeal against an EEA decision to remove a...

Home Office sets out Grenfell Tower Policy for survivors and directly affected individuals
By Alexandra Pease - Barrister Partner

In the early hours of 14 June 2017 fire struck Grenfell Tower in West London. The Grenfell Tower immigration cases (guidance on handling cases involving survivors and other individuals directly affected by the fire)...

 guidance was published on 5 July 2017. This is a short term policy implemented to deal with the “national tragedy”. The guidance gives directions to caseworkers on how they should “consider the...

Home Office has ‘the clearest obligation’ to serve relevant policy guidance
By Richmond Chambers -

In the recent case of UB (Sri Lanka) v Secretary of State for the Home Department [2017] EWCA Civ 85, the Court of Appeal has found that the Secretary of State has ‘the clearest obligation’ to serve relevant...

 past policy documents and ensure that they are before the Tribunal. Background The Appellant was a Sri Lankan national who came to the UK in 2007 as a student. He made further applications for leave to...
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