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Posts Tagged 'extradition'
Article 8 of the European Convention on Human Rights protects the right to respect for an individuals private and family life. Extraditing an individual abroad is a dramatic step for the court to take and in almost every case will have a major impact on an individual's family life. Families may be left without the principal provider in the household or may need to relocate to an unfamiliar country. The impact can be particularly great where children are involved. Parents may be removed... Read more »
Posted: 05 July 2016 | 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)
A District Judge was wrong to discharge the extradition of a single mother-of-five to Ireland , where she faced charges of facilitating illegal immigration, on the basis of Article 8 ECHR. Background and First Instance Judgment The Respondent had been arrested in Ireland in 2012 after she had been found in charge of a vehicle containing Albanian men seeking to enter Ireland illegally from France by sea. The Respondent admitted that she had been... Read more »
Posted: 15 June 2016 | Author: Gherson Immigration | Comments (0)
The European Court of Justice, the EU's highest court, has recently delivered a judgment readily adopted as fuel for the Leave Campaign. As already blogged by Gherson yesterday, the Judges in Luxembourg ruled in the case of Selina Affum , that migrants caught sneaking into the UK couldn't be jailed. https://gherson.com/blog/ecj-rules-illegal-migrants-cannot-be-jailed/ In this case, the detention by the French of a Ghanaian woman who tried... Read more »
Posted: 14 June 2016 | Author: Gherson Immigration | Comments (0)
On Tuesday 7 June 2016, in the case of Ghanaian National, Selina Affum the European Court of Justice ("ECJ") ruled that foreigners could no longer be imprisoned as a result of illegal entry. Ms Affum was apprehended in France on 22 March 2013, after being caught trying to travel into England using false documentation. France requested the Court to return Ms Affum to Belgium as she was using a false Belgian passport. The EU court, ruling on Affum's appeal against her detention, said the... Read more »
Posted: 13 June 2016 | Author: Gherson Immigration | Comments (0)
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Posted: 10 June 2016 | Author: Gherson Immigration | Comments (0)
In J.N. v. the United Kingdom, Application no. 37289/12 , the European Court of Human Rights (ECtHR) held that the UK's regime of immigration detention complied with the requirements of article 5 despite the absence of specified maximum time limits or automatic judicial oversight in detention pending deportation cases. The UK is the only country in the EU that has no statutory time limit on immigration detention. Other Member States have signed the Returns Directive 2008/115/EEC (from... Read more »
Posted: 10 June 2016 | Author: Gherson Immigration | Comments (0)
A Vietnamese national with a history of serious offending has lost his fight against deportation despite having a British partner and two British children. The Upper Tribunal had protected him from deportation but the Court of Appeal in SSHD v CT (Vietnam) allowed the Secretary of State's appeal. The Respondent had been convicted of a number of offences including attempted murder and possession of a firearm with intent to danger life, apparently after shooting someone in the stomach following... Read more »
Posted: 09 June 2016 | Author: Gherson Immigration | Comments (0)
Background and history of the proceedings The Home Secretary appealed a decision made by Dingemans J regarding a deportation order against the respondent, Eric Johnson. Dingemans J found that the refusal of the Home Secretary to revoke the deportation order violated Johnson's rights under Article 14 (prohibition of discrimination) read with Article 8 (right to respect for private and family life) of the ECHR. By this appeal the Home Secretary sought to set aside the decision... Read more »
Posted: 06 June 2016 | Author: Gherson Immigration | Comments (0)
On 1 June 2016 the Court of Justice of the EU ('CJEU') in Luxembourg delivered an important judgment in respect of how European Arrest Warrants should be handled throughout the EU. The European Arrest Warrant ('EAW') scheme was established by Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 ('the Framework Decision'). The... Read more »
Posted: 03 June 2016 | Author: Gherson Immigration | Comments (0)
Civil Liberties Committee MEPs have endorsed the Commission's proposal for a standard EU travel document to ease the return of non-EU 'irregular' migrants who do not hold valid passports or identity cards. The proposal aims to ease the process of returning residents with 'irregular' immigration statuses to their countries of origin in a safe and lawful manner. Member States currently face difficulties arranging these returns as destination countries frequently refuse to accept... Read more »
Posted: 02 June 2016 | Author: Gherson Immigration | Comments (0)
Background and history of the proceedings The appellants are Algerian nationals who were found by the Special Immigration Appeals Commission (SIAC) to constitute a threat to the national security of the United Kingdom. Various Home Secretaries have been trying to deport them to Algeria for several years, which have given rise to protracted litigation. Some of the appeals to SIAC have failed on the ground that deportation to Algeria would not infringe the Appellants' human rights because... Read more »
Posted: 01 June 2016 | Author: Gherson Immigration | Comments (0)
HIGH COURT AWARDS DAMAGES TO EU FAMILY MEMBER FOR UNLAWFUL DETENTION AND BREACH OF EU LAW In the case of R (on the application of Santos) v Secretary of State for the Home Department [2016] EWHC 609 (Admin) the court awarded an appellant a significant sum of damages for both unlawful detention and breach of EU law. To understand the nature of the damages awarded it is necessary to first look at the facts. The Claimant Mr Santos, is a Brazilian national, who... Read more »
Posted: 13 April 2016 | Author: Gherson Immigration | Comments (0)
The execution of a European arrest warrant must be deferred if there is a real risk of inhuman or degrading treatment because of the conditions of detention of the person concerned in the Member State where the warrant was issued There are wildly differing prison conditions to be found throughout the European Union. Chronic overcrowding is commonplace and many facilities are simply not fit for purpose. In some member states prison conditions have been found to be so bad that... Read more »
Posted: 05 April 2016 | Author: Gherson Extradition | 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)
GHERSON SOLICITORS - PRESS RELEASE FOR IMMEDIATE RELEASE GHERSON SECURES ANNULMENT OF EU SANCTIONS AGAINST SERGIY KLYUYEV Today, 28 January 2016, the General Court of the EU has annulled the financial sanctions imposed upon Ukrainian MP Sergiy Klyuyev by the EU Council from March 2014 to March 2015. These sanctions were imposed following the overthrow of Victor Yanukovych's Government. We have maintained throughout that these sanctions are nothing more than a politically motivated... Read more »
Posted: 28 January 2016 | Author: Gherson Extradition | Comments (0)
Extraditions allowed as assurances found sufficient to displace pilot judgment re Hungarian Prison conditions The Administrative Court considered the issue of prison conditions and assurances in relation to number of Hungarian extradition requests in the case of GS and others v Hungary [2016] EWHC 64 (Admin) . We have previously written about the trend in UK extradition proceedings for states that have been found to have systemic failings in their prison estates to provide assurances... Read more »
Posted: 27 January 2016 | Author: Gherson Extradition | Comments (0)
Substantial culpable delay rendered extradition oppressive and disproportionate On 5 January 2016, in the first published extradition judgment from the Administrative Court of the New Year ( Valdas Geleziunas v Lithuania [2016] EWHC 16 (Admin)), Mr Justice Sweeney overturned a decision of District Judge Purdy to extradite Valdas Geleziunas to Lithuania in connection with an allegation of dishonestly obtaining scaffolding equipment worth approximately £8,000. The allegation dated... Read more »
Posted: 06 January 2016 | Author: Gherson Extradition | Comments (0)
R (On the Application Of Kiarie) v The Secretary of State for the Home Department [2015]: Court of Appeal rules "deport first, appeal later" policy is lawful. The Court of Appeal judges ruled on 13 October 2015 that the Home Office policy of "deport first, appeal later" does not amount to an interference with the European Convention on human rights. However, the Court provided some helpful guidance on the interpretation of 94B and its interplay with Article 8 of the Convention (the right... Read more »
Posted: 04 November 2015 | Author: Gherson Extradition | Comments (0)
First Syrian refugees arrive to the UK after the Government announced to accept 20,000 At the beginning of September the Government announced that "over the remainder of the parliament", which is expected to run until May 2020, the UK will accept up to 20,000 Syrian refugees directly from refugee camps in Turkey, Jordan and Lebanon, countries which are neighbouring to Syria. It has now been confirmed that first group of Syrian refugees arrived in the UK last week. The Government has provided... Read more »
Posted: 05 October 2015 | Author: Gherson Extradition | Comments (0)
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