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Human Rights

Some of the primary legislation

Human Rights Act 1998

Some of our recent notable cases

R (on the app of JR (Jamaica) v Secretary of State for the Home Department (2014)
Court of Appeal upheld earlier Tribunal decision that a Jamaican national convicted of murder should not be deported on refugeed and human rights grounds.
[2014] EWCA Civ 477 16/4/2014
Colin Yeo

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 (on the app of SQ (Pakistan)) & anor v Upper Tribunal Immigration & Asylum Chamber & anor (2013)
Concerned concerned a 16 year old claimant who suffered from life-threatening medical condition and the implications of this on leave to remain in the UK under article 8 and article 3 of ECHR.
[2013] EWCA Civ 1251 22/10/13
Stephen Knafler QC & Mark Symes

Akhalu v Secretary of State for the Home Department (2013)
Successfully argued that the removal of claimant, a kidney transplant patient, would constitute a disproportionate interference with her Article 8 right to respect for private life and would almost certainly entail death within weeks.
Upper Tribunal (Immigration & Asylum Chamber) App no. IA/20559/2012 24/7/2013
Ronan Toal

R (on the app of MM) v Secretary of State for the Home Department (2013)
Successful appeal for judicial review in relation to maintenance requirements for the admission of a spouse to the UK. The raising of the minimum income level to be provided by a UK sponsor were ruled to amount to an unjustified and disproportionate interference with the ability of spouses to live together and was contrary to their rights under the ECHR.
[2013] EWHC 1900 (Admin) 5/7/2013. Reported at [2014] Imm AR 2
Navtej Ahluwalia

EK (Article 4 ECHR: Anti-Trafficking Convention) Tanzania v secretary of State for the Home Department (2013)
A removal order made against a Tanzanian domestic worker who had been trafficked into the United Kingdom in 2006 and re-trafficked within the UK thereafter was unlawful.
[2013] UKUT 313 (IAC)  19/06/2013
Kathryn Cronin

R (on the app of JB (Jamaica) v Secretary of State for the Home Department (2013)
The scale of homophobic persecution in Jamaica resulted in its being unlawful to “designate” Jamaica. Further, JB’s detention under the detained bib-suspensive appeal and fast track schemes had been unlawful because of the Secretary of State’s failure to carefully assess whether his case could be determined speedily when, rationally,
[2013] EWCA Civ 666 12/6/2013. Reported at [2014] Imm AR 105
Stephen Knafler QC

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 (on the application of HA (Nigeria) v Secretary of State for the Home Department (2012)
The claimant’s immigration detention during two periods in 2010 and the policy introduced on 26 August 2010 in relation to the detention of people with mental illness had been unlawful.
[2012] EWHC 979 (Admin)
Stephanie Harrison

UE(Nigeria) & Ors v Secretary of State for the Home Department (2010)
Successfully acted on behalf of immigration appellants who cited their value to the community as a factor to be weighed up when deciding the outcome of their applications to remain in the UK.
[2010] EWCA Civ 975 18/7/2010. Reported at [2011] INLR 97.
Stephen Knafler QC and Patrick Lewis

YD (Togo) v Secretary of State for the Home Department (2010)
When considering the effect of removal on an applicant’s right to private life under the European Convention on Human Rights 1950, an applicant’s contribution to society could be considered in the balancing exercise.
[2010] EWCA Civ 214 18/5/2010
Stephen Knafler QC & Patrick Lewis

MH & Ors v Secretary of State for the Home Department (2008)
Judge determined that special advocates were necessary where Article 8 rights were engaged through deprivation of citizenship.
[2008] EWHC 2525 (Admin) 23/10/2008
Ed Grieves

B v Secretary of State for the Home Department (2008)
Whether the rights under Immigration and Asylum Act 1999 included the effect of appellants’ removal on all members of family unit.
[2008] UKHL 39 25/6/2008. Reported at Times, July 8 2008.
Sonali Naik

BE (Iran) v Secretary of State for the Home Department (2008)
Iranian soldier who deserted rather than lay anti-personnel mines wan entitled to asylum.
[2008] EWCA Civ 540 20/5/2008. Reported at Times, June 18, 2008
Frances Webber

IA (Somalia) v Secretary of State for the Home Department (2007)
An earlier hearing had failed to take into account relevant country guidance and therefore constituted a breach of appellant’s human rights under the ECHR.
[2007] EWCA Civ 323 20/4/2007
Louise Hooper

SB (Bangladesh) v Secretary of State for the Home Department (2007)
Re. consideration of asylum-seekers prospects of returning to the UK on an indefinite basis and determination of truly exceptional circumstances.
[2007] EWCA Civ 28 31/1/07. Reported at [2007] 1 INLR 259.
Sonali Naik

Huang v Secretary of State for the Home Department; Kashmiri v Sectretary of State for the Home Department (2007)
Appeal against removal of asylum seeker on grounds that this would constitute a breach of their human rights under ECHR.
[2007] UKHL 11 21/3/2007 Reported at (2007) 2 WLR 581
Duran Seddon

HB (Ethiopia) v Secretary of State for the Home Department (2006)
Clarification of the effects of delay by SSHD on claims relying on the ECHR to resist removal from the UK.
[2006] EWCA Civ 1713 14/12/06. Reported at [2007] Imm AR 396.
Louise Hooper, Duran Seddon, Patrick Lewis.

N v Secretary of State for the Home Department (2006)
Human Rights Act damages.Appeal against an order to revoke a deportation order.
[2006] EWCA Civ 299 28/3/06
Stephanie Harrison

ZT (2005)
Whether the removal of the appellant a Zimbabwean national suffering with HIV/AIDS , would breach article 3 and/or 8 of the ECHR
[2005] EWCA Civ 1421 24/11/05. Reported at [2006] INLR 256
Femi Omere

Secretary of State for the Home Departmentv Akaeke (2005)
On administrative delay by the Home Office rendering a decision to remove a person from the UK a disproportionate interference in her right to respect for her family life in the UK
[2005] EWCA Civ 947 27/7/05. Reported at [2005] Imm AR 701
Peter Jorro

A and Others v the Secretary of State for the Home Department, SIAC and CA (2004)
Anti-terrorism Crime and Security Act 2001; internment of foreign nationals and derogation from Article 5
[2004] UKHL 56 16/12/04. Reported at (2005) 2 AC 68
Stephanie Harrison

R (Mambakasa) v SSHD (2003) (no link)
Principles relating to damages for breaches of human rights, in particular Article 8 ECHR outstanding before Court of Appeal,
[2003] EWHC (Admin) 319 3/3/03
Duran Seddon

Djebari v SSHD (2002) (no link)
Algerian at risk of treatment contrary to Article 3 ECHR
[2002] EWCA 813 13/5/02
Rick Scannell

Holub v SSHD (2000)
Right to education under Article 2, First Protocol ECHR and extra-territoriality of ECHR
[2000] EWCA Civ 343 20/12/00. Reported at [2001] 1 WLR 1359
Duran Seddon

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