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Asylum and Refugee Law

Some of the primary legislation

Some of our recent notable cases

EM (Eritrea), R (on the app of) v Secretary of State for the Home Department (2014)
Landmark judgment on the appropriate test for assessing whether reception conditions for asylum seekers in a European Union member state are so inadequate as to amount to inhuman and degrading treatment.
[2014] UKSC 12 19/2/2014. Reported at [2014] Imm AR 640
Mark Symes

R (MA, BT, DA) v Secretary of State for the Home Department (2013)
Whether unaccompanied minor asylum seekers could ever be removed under Dublin II to the Dublin State where they first claimed asylum.
European Court of Justice C-648/11 6/6/2013. Reported at [2014] Imm AR 20.
Stephen Knafler QC, Kathryn Cronin & Bryony Poynor

SHH v United Kingdom (2013)
Concerned the investigative duty of a State regarding medical evidence, the burden of proof as to the availability of support in the country of origin, the approach to be taken to the return of disabled asylum seekers.
[2013] ECHR 102 29/1/2013 ECHR App. No. 60367/10
Mark Symes

R (Hussain) v Secretary of State for the Home Department (2012)
Successful challenge to the Sectretary of State’s refusal to grant indefinite leave to remain to an Iraqi man who had hijacked a Sudanese airbus in 1996.
[2012] EWHC 1952 (Admin) 13/7/2012
David Jones & Helen Foot

R (FZ) v London Borough of Croydon (2011)
Case concerned child arriving alone in the UK having fled persecution abroad. The age of the child was disputed. Court of Appeal gave new guidance to courts and councils on how to resolve disputes about the ages of children and young people.
[2011] EWCA Civ 59 1/2/2011
Jan Luba QC & Shu Shin Luh

HJ (Iran) & HT (Cameroon) v Secretary of State for the Home Department (2010)
Successful representation of gay asylum seeker in a case that recognised that the Refugee Convention protects against persecution for ‘reason of the protected characteristic’.
[2010] UKSC 31 7/72010. Reported at Times, July 9 2010
Peter Jorro

T (R on the app of) v Secretary of State for the Home Department (2010)
Argued the Dublin II Regulation does not apply to unaccompanied minors (who thus could not be returned to third countries); and that the Home Office policy of ‘same day removal’ without notice was an affront to the principle of effective access to justice.
[2010] EWHC 435 (Admin) 18/2/2010
Kathryn Cronin

BA (Nigeria) v Secretary of State for the Home Department : PE (Cameroon) v Secretary of State for the Home Department (2009)
A repeat claim could be allowed to proceed on the basis of an in-country appeal on the basis that the original claim had been rejected but not wholly classified as unfounded or excluded under the Nationality, Immigration and Asylum Act 2002 s.96.
[2009] UKSC 7 26/11/2009. Reported at (2009) 3 WLR 1253.
Ronan Toal

EN (Serbia) v Secretary of State for the Home Department; Secretary of State for the Home Department v KC (South Africa) (2009)
Earlier Tribunal decision had applied too high a test for sufficiency of protection in deciding whether to deport respondent to South Africa.
[2009] EWCA Civ 630 26/6/2009. Reported at Times, July 30 2009
Kathryn Cronin

R (on the app of AM (Somalia) v Secretary of State for the Home Department (2009)
Re. the removal under safe third country certificate and validity of in-country appeal. There were strong grounds that removal would cause a deterioration in the asylum seeker’s health and a claim against removal under Reg. 343/2003 was not unfounded.
[2009] EWCA Civ 114 25/2/2009. Reported at [2009] Imm AR 534
Ronan Toal

MH (Syria) v Secretary of State for the Home Department: DS (Afghanistan) v Secretary of State for the Home Department (2009)
When establishing whether a person was guilty of acts under article 1F of the 1951 UN Convention relating to the Status of Refugees, matters relating to previous involvement with a terrorist organisation could not be applied.
[2009] EWCA Civ 226 24/3/2009. Reported at (2009) 3 All ER 564
Mark Muller QC and Edward Grieves

MT (Afghanistan) v Secretary of State for the Home Department (2008)
Case concerned the removal of a Christian convert to Afghanistan following findings by AIT that there was no risk on return. Court of Appeal quashed AIT decisions.
[2008] EWCA Civ 65 18/1/2008
David Jones

CM (Kenya) v Secretary of State for the Home Department (2007)
Re. internal relocation to home country of Kenya where appellant was fleeing female genital mutilation. Previous claim for asylum refused.
[2007] EWCA Civ 312 13/2/2007. Reported at Immigration Law Update Vol 10(3) 3
Valerie Easty

AA (Afghanistan) (Appellant) v SSHD(Respondent) & Medical Foundation for the Care of Victims of Torture (Intervener) (2007)
Re. the proper approach to the return of unaccompanied minors to their countries of origin
[2007] EWCA Civ 12 29/1/07. Reported at Times February 2, 2007
Nadine Finch.

Fornah v Secretary of State for the Home Department (2006)
The criteria for classifying women as members of a particular social group were accurately provided by the UNHCR Guidelines on International Protection.
[2006] UKHL 46 18/10/2006. Reported at (2007) 1 AC 412.
Frances Webber and Kathryn Cronin

Gedow and Ors (2006)
Regarding the residual risk to persons facing removal to Mogadishu Somalia, and the issue of protection by clan militia
[2006] EWCA Civ 1342 17/10/06
Ronan Toal, Frances Webber, Femi Omere

Hafizullah Alymedi & 25 Afghan appellants (IAA) and R (SSHD) v IAT (2006)
Afghan Stansted hi-jacked aircraft passenger asylum claims before appellate authority and Divisional Court
[2006] EWCA 1157 4/8/06. Reported at Times, Oct 9, 2006.
Duran Seddon & Patrick Lewis

J v SSHD (2006)
Regarding the application of the refugee convention to feared persecution on homosexuality grounds
[2006] EWCA Civ 1238 26/7/06
Femi Omere

Januzi v SSHD (2006)
Internal relocation and refugee status
[2006] UKHL 5 15/2/06. Reported at (2006) 2 AC 426
Stephanie Harrison & Frances Webber

YD(Turkey) v Secretary of State (2006)
Inherent power of Court of Appeal to order stay on removal where an appeal from AIT lodged out of time
[2006] EWCA Civ 52 8/2/06. Reported at [2006] 1 WLR 1646, Times 28 February 2006
Adrian Berry

Re B: R v Special Adjudicator ex parte Hoxha (2005)
Cessation provisions of the Refugee Convention
[2005] UKHL 19 10/3/05. Reported at (2005) All ER 580.
Femi Omere

Atkinson v Secretary of State for the Home Department (2004)
Would Jamaican state protection be sufficient to protect the applicant if they were to be returned there
[2004] EWCA Civ 846 1/7/04. Reported at (2004) ACD 71.
David Jones

Sepet and Bulbul v SSHD (2003)
Refugees and conscientious objection to the performance of military service
[2003] UKHL 15 20/3/03. Reported at (2003) 1 WLR 856.
Ian MacDonald QC, Rick Scannell, Nadine Finch

ZL (1) VL (2) v SSHD and LCD (2003)
Fast-track refugee determination procedures
[2003] EWCA Civ 25 24/1/03. Reported at (2003) 1 All ER 1062
Frances Webber and Louise Hooper

R (Ozcan) v IAT (2002)
Risk on return to Turkey for Kurdish asylum seekers
[2002] EWCA Civ 1133 30/7/02
Ronan Toal

PLJin Tao He v Secretary of State for the Home Department (2002) (no link)
Chinese religious sect member fearing persecution
[2002] EWCA Civ 1150 12/7/02. Reported at [2002] Imm AR 590
Peter Jorro

Saad, Diriye and Osorio v SSHD (2001)
Jurisdiction of Immigration Appellate Authority to determine entitlement to refugee status
[2001] EWCA Civ 2008 19/12/01. Reported at (2002) ACD 59.
Ronan Toal, Rick Scannell

Useful links


Asylum Law and Practice (2nd edition, 2010) by Garden Court Chambers barristers Mark Symes and Peter Jorro

Asylum Law and Practice