Some of the primary legislation
- Borders, Citizenship and Immigration Act 2009
- Criminal Justice and Immigration Act 2008
- UK Borders Act 2007
- Immigration, Asylum and Nationality Act 2006
- Asylum and Immigration (Treatment of Claimants, etc) Act 2004
- Nationality, Immigration and Asylum Act 2002
- Immigration and Asylum Act 1999
- Special Immigration Appeals Commission Act 1997
- Asylum and Immigration Act 1996
- Asylum and Immigration Appeals Act 1993
- Immigration Act 1988
- Immigration Act 1971
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.
 UKSC 12 19/2/2014. Reported at  Imm AR 640
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  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.
 ECHR 102 29/1/2013 ECHR App. No. 60367/10
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.
 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.
 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’.
 UKSC 31 7/72010. Reported at Times, July 9 2010
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.
 EWHC 435 (Admin) 18/2/2010
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.
 UKSC 7 26/11/2009. Reported at (2009) 3 WLR 1253.
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.
 EWCA Civ 630 26/6/2009. Reported at Times, July 30 2009
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.
 EWCA Civ 114 25/2/2009. Reported at  Imm AR 534
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.
 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.
 EWCA Civ 65 18/1/2008
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.
 EWCA Civ 312 13/2/2007. Reported at Immigration Law Update Vol 10(3) 3
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
 EWCA Civ 12 29/1/07. Reported at Times February 2, 2007
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.
 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
 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
 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
 EWCA Civ 1238 26/7/06
Januzi v SSHD (2006)
Internal relocation and refugee status
 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
 EWCA Civ 52 8/2/06. Reported at  1 WLR 1646, Times 28 February 2006
Re B: R v Special Adjudicator ex parte Hoxha (2005)
Cessation provisions of the Refugee Convention
 UKHL 19 10/3/05. Reported at (2005) All ER 580.
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
 EWCA Civ 846 1/7/04. Reported at (2004) ACD 71.
Sepet and Bulbul v SSHD (2003)
Refugees and conscientious objection to the performance of military service
 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
 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
 EWCA Civ 1133 30/7/02
PLJin Tao He v Secretary of State for the Home Department (2002) (no link)
Chinese religious sect member fearing persecution
 EWCA Civ 1150 12/7/02. Reported at  Imm AR 590
Saad, Diriye and Osorio v SSHD (2001)
Jurisdiction of Immigration Appellate Authority to determine entitlement to refugee status
 EWCA Civ 2008 19/12/01. Reported at (2002) ACD 59.
Ronan Toal, Rick Scannell
- Asylum Policy Instructions (IND)
- Refugee Council Guides to making an asylum application
- Free Movement: Updates and commentary on immigration and asylum law
- Asylum Support Adjudicators
- Refugee Caselaw:international refugee law by theme and country
- Forced Migration blogcurrent awareness service highlighting web research and information relating to refugees, asylum seekers and internally displaced persons
- UN Refugee Convention and Protocol
- European Council on Refugees and Exiles
- International Asylum materials (by country)
- US Committee for Refugees and Immigrants
- ReliefWeb: Excellent site for information on current global Emergencies and Natural Disasters
- Internal Displacement Monitoring Centre
- University of Texas Maps Library
- European Country of Origin Network: comprehensive database of country of origin information
- Forced Migration online: International research and news on human displacement and forced migration
- Refugee Case Law Site
- Refugee Womens’ Resource Project
- EIN Asylum and Refugee Resource
- Liberty’s Guide to the Right to Seek Asylum