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LOCATION: Home » Human Rights » Page 6

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CENTRE

What is “persecution” under the Refugee Convention?
By Richmond Chambers -

In a previous post, we have looked at how the credibility of an asylum claim is assessed here. This post will look at what constitutes persecution for the purposes of the UN Refugee Convention 1951. In order...

 to fall within the definition of a refugee for the purposes of the Convention, a person must show a well founded fear of ‘persecution’ for reasons of race, religion, nationality, political opinion or...

What are ‘insurmountable obstacles’ to family life?
By Richmond Chambers -

What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to...

 acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights.  This will be possible if they are able to show that they would face...

Grounds of appeal after the Immigration Act 2014
By Richmond Chambers -

The Immigration Act 2014 (“the 2014 Act”) made major changes to the immigration appeals landscape. The 2014 Act reduced the grounds of appeal by 13 (17 to four). This is important because it means that there...

 are now fewer circumstances in which the refusal of an immigration application can be challenged. The provisions in the 2014 Act were phased and came fully into force on 06 April 2015.  What is an...

Rights of appeal after the Immigration Act 2014
By Richmond Chambers -

The Immigration Act 2014 (“the 2014 Act”) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal. The explanatory notes to the 2014 Act state that the...

 Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed...

Family reunion for children under threat in case of no deal brexit
By Richmond Chambers -

A no-deal Brexit could mean that the current system of family reunification could cease to exist. It seems that the Government has briefed the UN refugee agency, the UNHCR and advised them that in the event of...

 us crashing out of the EU without a deal, we will no longer seek to help when it comes to reuniting family members amongst asylum seekers. What is the family reunification system? The family reunification...

Credibility in asylum claims
By Richmond Chambers -

Lack of credibility is the most common reason for the refusal of an asylum claim in the UK.  In order to establish the validity of an asylum claim, the UN Refugee Convention of 1951 requires a ‘well-founded fear...

 of persecution’ on the basis of one of five convention reasons (race, religion, nationality, political opinion or membership of a particular social group).  There are two aspects to the possession of a...

The Court of Appeal interprets s.117B(6)
By Alex Papasotiriou - Immigration Barrister

In Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661, the Court of Appeal further considered the interpretation of section 117B(6) of the Nationality, Immigration and Asylum...

 Act 2002. It did so in two respects: Whether s.117B(6) applies only in cases where the qualifying child will in fact leave the UK as a consequence of the parent’s removal; and Whether “genuine and...

Long Residence and Human Rights Appeals
By Alex Papasotiriou - Immigration Barrister

What happens when you complete 10 years’ long residence whilst a human rights appeal is pending?  This is essentially what the Upper Tribunal considered in OA and Others (human rights; ‘new matter’; s.120)...

 Nigeria [2019] UKUT 00065. Relevance of meeting the requirements of the Immigration Rules in a human rights appeal The first paragraph of the headnote, corresponding with paragraph 27 of the judgment,...

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...
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