In February 2025, the High Court of England and Wales halted the extradition of Indian businessman, Sanjay Bhandari, to India. The Court held that there was a real risk that Mr Bhandari’s human rights under the European Convention of Human Rights (ECHR) would be violated if he were to be extradited. This post analyses the … Continued
Since the scope of the “Deport now, Appeal later” scheme was expanded from eight to 23 countries, the UK’s ability to remove more foreign nationals at the earliest opportunity, and more rapidly, has widened. In essence, the scheme provides a mechanism to remove foreign nationals who have been convicted of offences in the UK and … Continued
Facing continued pressure to deal with surging levels of immigration, the UK Government announced on 10 August 2025 that a further 15 countries will be added to the ‘Deport Now, Appeal Later’ scheme. What is the ‘Deport Now, Appeal Later’ scheme? In most cases, foreign nationals can remain in the country pending the outcome of … Continued
On 3 August 2025, the Home Office announced proposed reforms to the asylum appeal process, scheduled for implementation in the autumn of 2025. The aim is to reduce the average asylum appeal process from years to weeks. However, the reforms reportedly take the all-too-familiar form of a previous system, which was scrapped for its “structurally … Continued
The Joint Committee on Human Rights has published a report on Transnational Repression in the UK, highlighting abuse of INTERPOL’s Red Notice system. In July 2025, the Joint Committee on Human Rights (JCHR) published a report on transnational repression in the UK, in response to a growing number of reports of foreign governments persecuting individuals … Continued
The Home Office has issued apologies to many asylum seekers who were granted leave to remain, only to have the decision revoked a few days later, with instructions to destroy the issued BRPs and return the pieces to the Home Office. This has led to a significant uncertainty for individuals all over the UK. Over … Continued
In 2017, Gherson wrote a blog focused on Red Notice abuse in the Middle East involving INTERPOL and unfunded/bounced cheques. A further blog highlighted how the INTERPOL Commission for the Control of INTERPOL’s Files had taken the unusual step of publishing one of its decisions on the issue. Most recently, Gherson have described how the … Continued
Historically, individuals seeking asylum needed to demonstrate a well-founded fear of persecution with “a reasonable degree of likelihood” or a “real risk”. This is a lower standard of proof than the “balance of probabilities” in civil cases. However, the introduction of Section 32(2) of the Nationality and Borders Act 2022 (“the Act”) on 28 June … Continued
Following the Supreme Court’s judgment on the Rwanda policy, the Home Office is seeking to have Rwanda declared safe to allow the progression of the policy. In November 2023, the UK’s Supreme Court upheld the Court of Appeal judgment that the Home Secretary’s Rwanda policy was unlawful. One concern of the Court of Appeal and … Continued
Individuals who have been granted refugee status in a third-party country in circumstances of a politically motivated prosecution or persecution, and who fear that they might be subject to INTERPOL measures, are increasingly asking whether they remain free to travel. The Short Answer is: Exercise Extreme Caution Before Travelling The short answer is that individuals … Continued
In its judgment of 15 November 2023, the Supreme Court considered whether the Home Secretary’s Rwanda policy (“the policy”) was lawful. It unanimously dismissed the Home Secretary’s appeal, upholding the Court of Appeal judgment that the policy is unlawful. Under the intended policy, certain individuals claiming asylum in the United Kingdom would be sent to … Continued
The Illegal Migration Bill, if successfully passed by Parliament, will change the law to make it more difficult for those arriving illegally to stay in the UK, and will provide the Home Office with significantly increased powers of detention and removal. The Illegal Migration Bill was first introduced into Parliament by Home Secretary Suella Braverman … Continued