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10. Immigration/Asylum
Freedom of expression curtailed for ‘unacceptable behaviour’ Naik, R (on the application of) v Secretary of State for the Home Department [2001] EWCA Civ 1546 (19 December 2011) Summary The England and Wales Court of Appeal has upheld a decision to refuse entry to the UK to an Indian national, finding that exclusion on the [...]
People detained pending deportation have the right to timely and adequate reasons for arrest in a language they can understand Mahajna v Secretary of State for the Home Department [2011] EWHC 2481 (Admin) (30 September 2011) Summary The High Court of England and Wales has upheld the right of people under arrest to be given [...]
United Kingdom justified in differentiating between social housing applicants based on conditional immigration status Bah v United Kingdom [2011] ECHR 1448 (27 September 2011) Summary The European Court of Human Rights has held that a person’s immigration status is a relevant ground of discrimination under Article 14 of the European Convention of Human Rights. However, [...]
There’s no place like home: The case of Mr Nystrom Nystrom v Australia, UN Doc CCPR/C/102/D/1557/2007 (18 August 2011) On 18 August 2011 the United Nation’s Human Rights Committee published its View adopted in the Communication (Communication No. 1557/2007) submitted by Stefan Lars Nystrom. In this landmark decision the Committee found that Australia had violated [...]
Deportation to situations of generalised violence may breach human rights Sufi and Elmi v The United Kingdom [2011] ECHR 1045 (28 June 2011) Summary The European Court of Human Rights (the Court) has found that the return of two Somali nationals to Mogadishu, Somalia would amount to inhuman and degrading treatment in breach of article [...]
Best Interests of Child Paramount in Decisions to Deport Parents ZH (Tanzania) FC (Appellant) v Secretary of State for the Home Department [2011] UKSC 4 (1 February 2011) Summary The Supreme Court of the United Kingdom has held that the ‘best interests of the child’ should be the first consideration where children are affected by [...]
Detention of Children in Immigration Facilities a Breach of Human Rights Suppiah & Ors, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2 (Admin) (11 January 2011) The High Court of England and Wales decided that two families who had sought asylum in the United Kingdom were detained [...]
The Welfare of Children must be ‘Primary Consideration’ in Decisions Regarding Immigration Detention of Parents MXL, R (on the application of) & Ors v Secretary of State for the Home Department [2010] EWHC 2397 (Admin) (30 September 2010) The England and Wales High Court has held that the immigration detention of a Jamaican woman with [...]
Refugee Rights and Non-Refoulement: Proposed Transfer of Asylum Applicant from UK to Greece did not Breach European Convention Saeedi, R (on the application of) v Secretary of State for the Home Department & Ors [2010] EWHC 705 (Admin) (31 March 2010) The England and Wales High Court recently held that the proposed transfer of an [...]
Resisting Extradition Based on the Right to Private and Family Life Norris v Government of United States of America [2010] UKSC 9 (24 February 2010) The UK Supreme Court has held that the extradition of a mentally and physically fragile 66-year-old did not contravene the right to respect for private and family life under art [...]
Serious Criminal Offences, Deportation and the Right to Family Life A W Khan v United Kingdom [2009] ECHR 27(12 January 2010) The European Court of Human Rights has held that the deportation of a convicted heroin trafficker, who had not re-offended since release from prison and had developed strong ties with a country based on [...]
What is a ‘Child’? Age Determination in Asylum Applications A, R (on the application of) v London Borough of Croydon [2009] UKSC 8 (26 November 2009) The difficulty in determining age has become prominent as a consequence of the increased movement of children around the world, and specifically the increased migration of unaccompanied young people. [...]
Deportation of Non-Nationals and the Right to Respect for Family Life Omojudi v United Kingdom [2009] ECHR 1820/08 (24 November 2009) The European Court of Human Rights has held that the deportation of Steven Omojudi from the United Kingdom to Nigeria was an unjustifiable interference with Omojudi’s right to respect for private and family life [...]
Australia’s Obligation to Protect People from the Death Penalty Kwok v Australia, CCPR/C/97/D/1442/2005 (23 November 2009) The United Nations Human Rights Committee has found Australia to be in breach of its obligations under art 9(1) of the International Covenant on Civil and Political Rights in relation to mandatory immigration detention. The Committee ruled that ‘detention [...]
The Prohibition of Ill-Treatment and Prevention of Destitution in a Third State EW, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 2957 (Admin) (18 November 2009) In this case, the England and Wales High Court held that the extradition of an asylum seeker to a safe third country [...]
Deportation and Non-Refoulement X v Australia, UN Doc CAT/C/42/D/324/2007 (5 May 2009) Mr X, a Palestinian born in Lebanon in 1960, was detained at the Villawood Detention Centre in Australia. He sought political asylum in Australia, however, his request was rejected and he risked forcible removal to Lebanon. He claimed, inter alia, that by deporting [...]
Indefinite Detention Violates the Right to Liberty and Security of Person Canada (Citizenship and Immigration) v Li, 2009 FCA 85 (CanLII) (17 March 2009) The Federal Court of Appeal of Canada (‘FCA’) has held that indefinite detention is a violation of the right to liberty and security of person. Facts The Respondents are brothers Dong [...]
State Obligation to Conduct Public Investigation into Potential Violations of the Right to Life and Prohibition against Ill-Treatment AM & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2009] EWCA Civ 219 (17 March 2009) The UK Court of Appeal has affirmed that the government has an [...]
The Court of Appeal of England and Wales has allowed an appeal by RS, a Zimbabwean national, against a decision of the Immigration Appeal Tribunal to dismiss her appeal against a decision of the Secretary of State for the Home Department to refuse to allow RS to remain in the United Kingdom for medical treatment [...]
In a recent decision informed by the interpretive principle in s 3 of the Human Rights Act 1998 (UK), the England and Wales Court of Appeal has read an additional word into a provision of the Asylum & Immigration (Treatment of Claimants etc) Act 2004 (UK) to ensure human rights compatibility. Despite there being no [...]
The House of Lords held that the right to family life should be interpreted broadly, and encompass consideration of the rights of other family members, when determining an appeal against the Secretary of State’s refusal of leave to remain under s 65 of the Immigration and Asylum Act 1999 (UK). Detailed case note.
In a decision regarding mandatory immigration detention, the UN Human Rights Committee has elucidated its jurisprudence on the content and application of art 9 of the ICCPR, the right to liberty and security of person and to be free from arbitrary detention. Detailed case note.
On 13 November 2006, the UN Human Rights Committee further elaborated on what constitutes arbitrary detention for the purposes of art 9(1) of the ICCPR, finding that there must be ‘appropriate justification’ for continued mandatory detention in light of the circumstances of the particular case. It further re-affirmed its view that, pursuant to art 9(4), [...]
This decision of the UN Human Rights Committee concerns Australia’s policy of mandatory immigration detention. Detailed case note.
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