Legal aid guidance on exceptional cases ruled unlawful

The UK government (and the Home Office responsible for operating its asylum and immigration policies) did not have a good week in the Court of Appeal this week (week beginning 15 December 2014). In two separate parts of the asylum and immigration system, the Court ruled that the guidance or operation was unlawful.  On 16 […]

Representing yourself at the Upper-tier Tribunal

This blog post looks at appealing First-tier Tribunal refusals in asylum and immigration cases at the Upper-tier Tribunal. It does not address judicial reviews (most of which are heard at the Upper-tier Tribunal in asylum/immigration cases). See the Toolkit for more information on judicial reviews – we are in the process of updating our Toolkit, […]

High Court’s DFT Order is toothless but perhaps predictable

Post by Right to Remain volunteer, Jacqueline Farmer. On 9 July we celebrated the victory of our friends at Detention Action over immigration detention when the High Court ruled that the Detained Fast Track system was being operated unlawfully. Although previous judgments had been critical of the DFT system, this case was significant as it […]

LGBTI asylum claims – the difference, stigma, shame, harm model

Since the landmark 2010 Supreme Court judgment in which it was ruled the Home Office could not tell LGBTI asylum-seekers that they could go back to their country of origin and ‘live discreetly’, the Home Office has shifted its tactics in refusing asylum claims. As has been reported in the media, Home Office interviewers frequently […]

A (partial) victory against Detained Fast Track – Border Criminologies blog

This blog post is from the Border Criminologies blog. Based at the University of Oxford, Border Criminologies brings together academics, practitioners and those who have experienced border control from around the world. Showcasing original research from a range of perspectives, they aim to better understand the effect of border control and to explore alternatives. Guest […]

Understanding case law

It’s difficult enough understanding a court judgment in your own case or for someone you know, and understanding important case law is even tricker.  Other case law – country guidance cases, or important cases that set out the right procedure or application of legal principles or policies – may have important implications in your case or a case […]

Legal support, not legal advice

With government cuts to legal aid and the many obstacles to obtaining good-quality, free legal advice, it is more important than ever that non-lawyers understand the asylum and immigration system, and people seeking right to remain understand their own case. While there is no replacement for specialised legal advice, the reality is that more and […]

Criminalisation of homosexuality = persecution?

A ruling from the European Court of Justice in November 2013 has divided lawyers and campaigners: was it a positive judgement for the rights of LGBTI asylum seekers, or not? European Court of Justice The European Court of Justice European Court of Justice (officially called the Court of Justice of the European Union) in Luxembourg […]

Ex-offenders deported to DRC are at risk

A recent article from Free Movement highlights an important legal development for those convicted of a crime and facing deportation (deportation for the ‘public good’ after a criminal conviction, not just administrative removal) to DR Congo. There has been significant decision in the High Court, which the Home Office are appealing at the Court of […]

Summary: Iraq Country Guidance case HF

This is a summary of a 2013 Court of Appeal case about forced removals to Iraq, looking at whether Iraqis removed from the UK could relocate internally to areas of Iraq under the control of the Kurdistan Regional Government (KRG) as opposed to the Government in Baghdad (GOI). Read more about internal relocation in the […]