Gherson - Asylum

Paths to citizenship - the new draft Immigration and Citizenship Bill

Gherson — Tue, 15 Jul 2008 00:00:00 -0700

The government yesterday published a draft version of its immigration and citizenship Bill. Back in February we reported the government’s Green Paper Path to Citizenship. The consultation period announced then closed at the end of May. The Bill’s consultation period now begins. If the timetable announced in February is met the Bill will commence its passage through parliament at the end of this year.

Article 8 - rights of Appellant's family members in UK count

Gherson — Thu, 3 Jul 2008 00:00:00 -0700

In B v Secretary of State for the Home Department [2008] UKHL 39 (one of four highly significant judgments issued by the House of Lords’ Appellate Committee on 25-6-2008) the issue was whether when somebody appeals against a decision to remove him or her from the UK and says that the decision violates his right to respect for family life protected by Article 8 of the European Convention on Human Rights (the “ECHR”) – is the effect of his removal on other members of his family relevant to the question of whether the decision is contrary to Article 8?

Appeals in the AIT don't end when determination is reserved

Gherson and Co — Tue, 27 May 2008 00:00:00 -0700

Unlike other court hearings, when the witnesses in an immigration appeal have finished giving their evidence and the lawyers have completed their submissions to the Immigration Judge, the Judge generally “reserves” his or her judgment, which is called a “determination”. The determination is then dictated by the judge, typed up by the Asylum and Immigration Tribunal’s staff, and sent simultaneously to the Appellant and to the United Kingdom Border Agency (the “UKBA”). (In appeals against the refusal of asylum there are special procedures whereby the determination is served by the UKBA on the Appellant).

Re-entry bans - government announces further major concession

Gherson — Thu, 15 May 2008 00:00:00 -0700

The history of the Border and Immigration Agency’s, (recently renamed the “UK Borders Agency” or UKBA) implementation of its points based system via the immigration rules is bizarre to say the least. HC 321 was laid before Parliament on 6 February of this year. In this "statement of changes in the immigration rules" the government - without any prior warning or consultation - introduced rules which were immediately characterised as “re-entry bans”.

Guidance prohibiting failed asylum seekers from free health care is unlawful

Gherson — Mon, 28 Apr 2008 10:10:17 -0700

The entitlement of people whose asylum applications have failed but have not returned to their home countries (frequently because they cannot be returned) to receive treatment on the National Health Service without being charged for it was considered by Mr Justice Mitting in R on the application of A v West Middlesex University Hospital NHS Trust [2008] EWHC 855 (11-4-2008). As Mitting J noted early in his judgment:

Refugees - insincere political activity in the UK

Gherson — Thu, 24 Apr 2008 00:00:00 -0700

Applications for asylum are usually made by people who have fled from the authorities in their home countries or from other “agents of persecution” from whom the authorities in their home countries cannot protect them. However it is possible for people to become refugees after leaving their home countries. This can happen because of things which they themselves have done which may caused the authorities in their home countries to regard them with hostility or because of events in their home countries whereby people who have the asylum seeker's political or ethnic profile have become targeted. Such people are called refugees “sur place”. The circumstances of people who as a result of their own actions have developed a well founded fear of being persecuted in their home countries have always been seen as controversial.

European Court stresses Article 3 of the Human Rights Convention is absolute

Gherson — Tue, 4 Mar 2008 00:00:00 -0800

In a highly significant judgment the European Court of Human Rights has found that the proposed deportation of Nassim Saadi (a Tunisian national) to Tunisia would breach Article 3 of the European Convention on Human Rights (the “ECHR”). The order to deport Mr Saadi had been justified by the Italian authorities as comprising an “urgent measure to combat international terrorism”

Gherson success in dual national refugee case

Gherson — Fri, 8 Feb 2008 05:09:55 -0800

In a determination demonstrating the Immigration Judge’s inspired interpretation of international refugee law a client of Gherson has succeeded in his appeal against the Secretary of State’s refusal to vary his leave to remain to that of a refugee.

Past ill treatment can identify social group

Gherson — Fri, 25 Jan 2008 00:00:00 -0800

In SB (PSG - Protection Regulations – Reg 6) Moldova CG [2008] UKAIT 00002 the Asylum and Immigration Tribunal had to decide whether the Appellant, a young Moldovan woman who had been trafficked into the United Kingdom was a refugee because she was a member of a “particular social group” (“PSG”). She was trafficked so that she could be sexually exploited in the UK.

Common European Asylum System coming to the UK

Gherson — Thu, 20 Dec 2007 09:39:07 -0800

As part of the continuing harmonization of the determination of asylum applications by member states of the European Union (the “EU”) the Asylum (Procedures) Regulations 2007 and HC 82, a statement of changes in the immigration rules, both came into force this month.