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Posts Tagged 'asylum'
Earlier this week the Home Office released new guidance on withdrawing asylum claims ("Asylum Policy Instructions - Withdrawing Asylum Claims" version 5.0, 21 June 2016). Withdrawal of asylum claims is provided for in paragraph 333C of the Immigration Rules, which states that, an asylum application can be explicitly withdrawn (by the applicant signing and submitting the relevant withdrawal form) or implicitly withdrawn (see further below). Withdrawal is aimed at those applicants who... Read more »
Posted: Today | Author: Gherson Immigration | Comments (0)
Background Information The appellant is a citizen of Uganda who was granted limited leave to remain in the United Kingdom as a student on 27 September 2010 lasting until 30 April 2012. Before his leave had expired he made an asylum claim and on 7 February 2012 the Secretary of State rejected the claim. Therefore when his asylum claim was refused the appellant had only 11 weeks remaining of his student leave. During his appeals the Upper Tribunal and the Court of Appeal both... Read more »
Posted: Yesterday | Author: Gherson Immigration | Comments (0)
The latest judgment in the ongoing litigation around Detained Asylum Cases (DAC) has been handed down in the matter of R (Hossain and Ors) v Secretary of State for the Home Department [2016] EWHC 1331 (Admin) . This was a test case with the Claimants' asserting they were representative of the issues faced generally in DAC. The individual circumstances of the Claimants' included victims of torture who had corresponding medical reports (known as Rule 35 reports) and a... Read more »
Posted: 17 June 2016 | Author: Gherson Immigration | Comments (0)
Earlier this month, the government announced its commitment to resettling unaccompanied asylum-seeking children in the UK from Greece, Italy and France. In addition to the Government's previous commitment to resettle 20,000 Syrian refugees under the Vulnerable Resettlement Scheme, the Prime Minister's Office announced a new initiative on 4 May 2016 in an effort to assist vulnerable asylum-seeking children, particularly those at risk of trafficking or exploitation who it is said, would... Read more »
Posted: 25 May 2016 | Author: Gherson Immigration | Comments (0)
A petition has been launched to challenge the Government's proposals to increase immigration and asylum court fees by as much as over 600%. The Government proposals include increasing the appeal fee in the First-tier Tribunal from £80 to £490 (increase of over 600%) for a decision on the papers and from £140 to £800 (increase of 570%) for an application for an oral hearing. A new fee of £455 for an application to the First-tier Tribunal for permission to... Read more »
Posted: 24 May 2016 | Author: Gherson Immigration | Comments (0)
Two Government Defeats on The Immigration Bill Will Benefit Asylum Seekers and Domestic Workers Two amendments to the Immigration Bill were proposed in the House of Lords on 9 March 2016 and passed with Liberal Democrat, Labour and Crossbench support despite opposition from the Government. Amendment 57 was a proposal to make the Secretary of State grant permission to work to asylum applicants whose applications have not been decided within 6 months. The amendment received... Read more »
Posted: 18 March 2016 | Author: Gherson Immigration | Comments (0)
SERIOUS CONCERNS FOR CONDITIONS AT IMMIGRATION DETENTION CENTRE A report on Harmondsworth Immigration Removal Centre by the Chief Inspector of Prisons raises a number of issues regarding the care and conditions of the detention centre. The report summary states 'the centre should never have been allowed to reach this state'. The inspection found that a number of the recommendations from a 2013 inspection had not been actioned and some of the 'issues' raised had... Read more »
Posted: 11 March 2016 | Author: Gherson Immigration | Comments (0)
Women seeking asylum: how a difficult process can be more difficult because of gender. These days refugees are at the forefront of everyone's mind due to the number of Syrian nationals reaching the European shores, and associated to the idea of refugees is the image of a very large group of people fleeing a war-torn country. However, refugees are not only created by armed conflict. Many individuals fear persecution in their country or origin -even if that country is politically... Read more »
Posted: 08 February 2016 | Author: Gherson Immigration | Comments (0)
Extradition, Article 3 and Assurances The right to protection from inhumane and degrading treatment (Article 3 of the European Convention on Human Rights) is a fundamental and absolute right. In extradition proceedings an argument can be raised that extradition should be refused because conditions in detention in the requesting state are such that it would breach a person's protection under Article 3. The threshold is incredibly high. The law requires substantial grounds for believing... Read more »
Posted: 24 August 2015 | Author: Gherson Extradition | Comments (0)
Failed asylum seekers with families to lose financial support after 28 day "grace period" These are the proposals made by the Home Office in a consultation paper published on 4 August on: "Reforming support for failed asylum seekers and other illegal immigrants" . (Please see this link to read the report). The Government proposes to introduce these measures from 1 July 2016. Currently support to asylum seekers, such as accommodation and a weekly cash allowance, is provided by the... Read more »
Posted: 12 August 2015 | Author: Gherson Extradition | Comments (0)
This June marks three years since WikiLeak's founder Julian Assange controversially entered Ecuador's embassy seeking diplomatic asylum. Assange, it will be recalled, is the subject of a European Arrest Warrant issued by the Swedish authorities in connection with a number of alleged sexual offences. The extradition case was intensely contested and ultimately made its route all the way to the UK's highest court. The Supreme Court rejected his final appeal in May 2012 and confirmed his extradition... Read more »
Posted: 25 June 2015 | Author: Gherson Extradition | Comments (0)
The notorious Yarl's Wood Immigration Removal Centre has once again become the focus of serious allegations concerning the treatment of asylum seekers in the UK. Last month Women for Refugee Women (WRW), a charity that defends the rights of female asylum seekers in the UK, released a report pointing to frequent abuse, humiliation and violations of privacy against women detainees in Yarl's Wood. The recent report is based on the interviews of 38 women from varying backgrounds and ages, the... Read more »
Posted: 03 February 2015 | Author: Gherson Immigration | Comments (0)
It's that time of year again. The annual Refugee Week is a UK-wide programme of cultural and educational events to celebrate the contributions made by refugees to the UK. With the aim of Refugee Week being to counter the negative perceptions of refugees and asylum seekers, 2013's Refugee Week seems more poignant than ever, with the increasing attention on immigration reform and discussions on EU referendum, and with concerns being voiced on the lack of an informed general public. ... Read more »
Posted: 21 June 2013 | Author: Gherson Immigration | Comments (0)
What is "Legacy"? Should my case be considered under the "Legacy" provisions? Which Department of the UKBA considers Legacy cases and what type of leave should I get under the "Legacy" provisions? There has been much confusion surrounding "Legacy" and in light of the recent High Court case of Hakemi & Ors v Secretary of State for the Home Department [2012] EWHC 1967 (Admin) (19 July 2012), the following is a straightforward summary: Simply put, if you made an application... Read more »
Posted: 25 July 2012 | Author: Gherson Immigration | Comments (0)
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