In his opinion for the Court of Justice of the European Union (in Germany v Y and Z, C-71/11, C-99/11) Advocate General Bot has taken the view that the prohibitions in Pakistani law directed against the Ahmadiyya community are likely to constitute a serious infringement of the freedom of…
The media have been much exercised with the way that 'foreign criminals', who are now liable to 'automatic' deportation, are able to invoke the European Convention on Human Rights in order, quite often, to prevent deportation from going ahead. It is actually six years since the 'foreign…
Judicial Review in the Upper Tribunal - HJT's December Conference
HJT Training held a very successful session on the transfer of judicial reviews to the Upper Tribunal on 30 September 2011. Speakers included Deputy President of the Upper Tribunal (Immigration and Asylum Chamber) Mark…
The HJT Training conference on transfer of some forms of judicial review into the Upper Tribunal was a sell out and the event was a great success. Mark Ockelton, Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, revealed a number of interesting points,…
It is a dark day for asylum seekers and their ability to obtain lawful adjudications on their appeals on Refugee Convention grounds. Alive to the 77% increase in applications for permission to appeal in immigration cases since 2005, the majority of which were from reconsiderations by…
On 25 May 2011 the Supreme Court allowed the appeal in Kambadzi v Secretary of State for the Home Department [2011] UKSC 23
The issue was whether the Appellant was falsely imprisoned in circumstances in which there was a statutory power to detain, but the Secretary of State had failed to…
In the recent decision of Amos, we find the Court of Appeal commenting on the approach to the European Union law of right found in the Citizens Directive and transposed into the domestic EEA Regulations by Regulation 10(5) and 15(1)(f).
The Court summarised the requirements for permanent…
The decision in EM Zimbabwe of 14 March 2011 changes the prevailing situation of Zimbabwe asylum seekers. From 19 November 2008 until 13 March 2011, RN Zimbabwe prevailed, meaning that the critical issue for a person whose primary asylum claim had failed, and now relied on the general…
In R (on the application of MN (Tanzania)) v Secretary of State for the Home Department [2011] EWCA Civ 193 the Court of Appeal has yet again returned to the vexed issue of the standard of review in asylum fresh claim judicial reviews. As Mark discussed last week, this category of…
Presently the Administrative Court has a power to transfer judicial review proceedings into the Upper Tribunal: but rather a sterile one in the immigration field, because of the wording of section 31A of the Seniors (previously, Supreme) Courts Act 1981, which excludes judicial review…
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