Sanade, Harrison & Walker v Secretary of State for the Home Department [2012] UKUT 00048(IAC) – Read judgment. This case concerns the application of human rights exceptions to the deportation of individuals who were married to British citizens or who had British children. The Upper Tribunal (Immigration and Asylum Chamber) (the “Tribunal”) noted that in [...]
Archive for the ‘Immigration/Extradition’ Category
The importance of children in automatic deportation cases
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Children, Immigration/Extradition, tagged deportation cases on February 13, 2012 | Leave a Comment »
Indefinite detention: not very British
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Criminal, European, Immigration/Extradition, In the news, Prisons, Terrorism, tagged abu qatada on February 8, 2012 | 10 Comments »
Angus McCullough QC appeared for Abu Qatada as his Special Advocate in the domestic proceedings before SIAC, the Court of Appeal and the House of Lords. He is not the author of this post. ‘Human Rights Act to blame!’ is a frequent refrain in the media, as well reported on this blog. Often, though, the outcome [...]
Julian Assange: from the UK Supreme Court to The Simpsons
Posted in Art. 10 | Freedom of Expression, Art. 6 | Right to Fair Trial, Immigration/Extradition, In the news, Media, tagged Julian Assange, UK Supreme Court on February 1, 2012 | 5 Comments »
The Julian Assange circus rolls back into London today for the UK Supreme Court’s 2-day hearing of his appeal against extradition. It will be broadcast on Supreme Court live from 10:30am. The Wikileaks founder was granted permission in November 2011 to appeal to the Supreme Court under Section 32 of the Extradition Act 2003. If [...]
Extradition of murder accused to US not breach of human rights
Posted in Art. 3 | Torture / Inhumane Treatment, Case law, Criminal, Immigration/Extradition, International, Prisons, tagged Harkins and Edwards on January 19, 2012 | 1 Comment »
HARKINS AND EDWARDS v. THE UNITED KINGDOM – 9146/07 [2012] ECHR 45 – Read judgment The European Court of Human Rights has found that there would be no breach of Article 3 ECHR (prohibition of inhuman and degrading treatment) in extraditing two men accused of murder to the US. The men argued that they face the death [...]
The ECJ on Aslyum, Greece; the UK Protocol on the EU Charter – Dr Cian Murphy
Posted in Art. 3 | Torture / Inhumane Treatment, Case comments, European, Immigration/Extradition, tagged asylum law, asylum seekers, EU Charter, refugee applications on December 28, 2011 | Comments Off
Last Wednesday, the European Court of Justice issued a flurry of judgments just before the Christmas break. Indeed, there were so many interesting and important decisions amongst the twenty or so handed down that seems foolish to consider any of them the ‘most important’. Nonetheless the judgment in NS and Others v SSHD (C-411/10) must be a contender [...]
Lawful for Home Secretary to deport Palestinian activist accused of fostering hatred
Posted in Art. 10 | Freedom of Expression, Art. 11 | Freedom of Association, Art. 8 | Right to Privacy/Family, Art. 9 | Thought/Conscience/Religion, Case summaries, Immigration/Extradition, Politics / Public Order, tagged Raed Saleh on November 6, 2011 | 1 Comment »
Raed Mahajna v Secretary of State for the Home Department IA/21/21631/2011 – Read Judgment 1 Crown Office Row’s Neil Sheldon appeared for the Secretary of State in this case. He is not the writer of this post. The First-Tier Tribunal (Asylum and Immigration Chamber), has upheld the decision of the Home Secretary to deport Raed [...]
Julian Assange loses High Court appeal against extradition
Posted in Art. 3 | Torture / Inhumane Treatment, Art. 6 | Right to Fair Trial, Case summaries, Immigration/Extradition, tagged Julian Assange on November 2, 2011 | 7 Comments »
Julian Assange -v- Swedish Prosecution Authority – Read judgment / summary Julian Assange, founder of the whistle-blowing website Wikileaks, has lost his High Court appeal against extradition to Sweden. He lost on all four grounds of appeal. Unless he is granted permission to appeal to the Supreme Court under Section 32 of the Extradition Act [...]
Extradition review could improve European Arrest Warrants – Rebecca Shaeffer
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, European, Immigration/Extradition, In the news on October 22, 2011 | 2 Comments »
Adam Wagner’s October 19th post on Sir Scott Baker’s Extradition Review Panel report noted that the document “mostly backed the status quo,” calling attention to its rejection of proposed reforms to the “forum bar” rule, the US/UK Treaty, and the lack of a prima facie case requirement. While it’s true that the Report left much [...]
Extradition review backs status quo, leaves some completely baffled
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Criminal, Immigration/Extradition, In the news, tagged extradition review on October 19, 2011 | Comments Off
A review of the UK’s extradition laws by a former Court of Appeal judge has found that existing arrangements between the UK and USA are balanced but the Home Secretary’s discretion to intervene in human rights cases should be removed. The review by Sir Scott Baker was commissioned shortly after the Coalition Government came to [...]
What the first #catgate appeal judgment actually says
Posted in Art. 8 | Right to Privacy/Family, Case summaries, Immigration/Extradition, Media, Poor reporting, tagged #catgate on October 6, 2011 | 8 Comments »
Updated |I have been sent the first appeal judgment in the political frenzy which has been termed “Catgate”. I had promised myself not to do any more Catgate posts or use any more cute pictures of kittens, but I have now broken that promise. Having read the short, 6-page judgment dated 9 October 2008 by [...]
Cat had nothing to do with failure to deport man
Posted in Art. 8 | Right to Privacy/Family, Immigration/Extradition, In the news, Poor reporting on October 4, 2011 | 18 Comments »
Updated | Today the Home Secretary Theresa May gave a speech to the Conservative Party Conference in which she announced new immigration rules which would make it easier to deport foreign criminals. May also gave three examples in support of the view that the Human Rights Act “has to go”: We all know the stories [...]
Israeli Arab activist detention was (mostly) lawful
Posted in Art. 5 | Right to Liberty, Case summaries, Immigration/Extradition, Politics / Public Order, tagged Raed Salah Mahajna on October 2, 2011 | 3 Comments »
Mahajna v Secretary of State for the Home Department [2011] EWHC 2481 (Admin) (30 September 2011). Read judgment. 1 Crown Office Row’s Neil Sheldon appeared for the Secretary of State in this case. He is not the writer of this post. The High Court has ruled that detention of a Palestinian activist, whilst he [...]
When is family life family life? A look at deportation cases – Lourdes Peroni
Posted in Art. 8 | Right to Privacy/Family, Case law, European, Family, Immigration/Extradition, tagged Family life, human rights on September 27, 2011 | Comments Off
In A.A. v. the United Kingdom, a recent case involving the deportation of a young Nigerian man, the Court faced, once again, the question whether relationships between adult children and parents/siblings amount to family life in deportation cases. The Court’s Fourth Section did not give a clear answer to this question. The 24-year-old applicant resided with [...]
Rape conviction carries little weight against right to family life, rules Strasbourg
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case law, Case summaries, Criminal, Immigration/Extradition, In the news on September 21, 2011 | Comments Off
A.A. v. THE UNITED KINGDOM – 8000/08 [2011] ECHR 1345 – Read judgment The Strasbourg Court has ruled unlawful the deportation of a Nigerian man convicted of rape. Considering the facts of his case afresh, the Court came to the conclusion that the 24 year old student’s right to family life would be violated if [...]
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Recommended- Murder, Terrorism - two important cases February 23, 2012
- High Court upholds University Fees Regulations February 23, 2012
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Gove urged to clarify position on anti-gay texts in schools - PinkNews.co.uk February 22, 2012
- BBC - Law in Action, Legal aid changes: long overdue reform or denial of justice? February 22, 2012
- KENNEDY V IC AND CHARITY COMMISSION: COURT OF APPEAL DECIDES February 22, 2012
- Legal Blogging, by former UKHRB contributor Melina Padron February 21, 2012
- Kate Malleson: Taking the politics out of judicial appointments? February 21, 2012
- Case law
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012Court of Appeal refuses permission for Occupy London to appeal High Court eviction ruling
- Hurley & Moore, R (on the application of) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 (Admin) (17 February 2012) February 17, 20122 students fail in judicial review of tuition fee rises. Human rights (right to education under A2/P2) challenge failed outright; public law challenge failed despite finding that Sec of State "did not carry out the rigorous attention to" Public Sector Equality Duties
- Sugar v British Broadcasting Corporation & Anor [2012] UKSC 4 (15 February 2012) February 15, 2012Supreme Court: BBC need not disclsoe Israel-Palestine coverage bias report as it falls under the "journalistic material" exemption to the Freedom of Information Act
- HARDY AND MAILE v. THE UNITED KINGDOM - 31965/07 [2012] ECHR 261 (14 February 2012) February 14, 2012Strasbourg Art 8 challenge to construction of liquefied natural gas terminals in Milford Haven harbour fails
- Milind Manohar Sanade, Damion Harrison and Conroy Maurice Walker -v- The Secretary of State for The Home Department - Upper Tribunal February 10, 2012Upper Tribunal guidelines decision on human rights exceptions to automatic deportations of immigrants with spouse and young children
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- The Mayor Commonalty and Citizens of London v Samede (St Paul's Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012) February 22, 2012
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- Recent posts
- Poor not singled out by rise in university fees, rules court February 22, 2012 Karwan Eskerie
- Crimes committed by victims of human trafficking – should they be prosecuted? February 22, 2012 Rosalind English
- Michael Gove’s full letter on homophobic teaching materials in schools February 22, 2012 Adam Wagner
- Keeping it controversial: Religion, deportation and open justice – The Human Rights Roundup February 20, 2012 Wessen Jazrawi
- Belgium bitten by Aarhus – again February 19, 2012 David Hart QC
- Is it legal to teach gay hate in schools? February 19, 2012 Adam Wagner
- Analysis | Court of Appeal upholds hotel gay discrimination ruling – Marina Wheeler February 19, 2012 1 Crown Office Row
- Former Top Judge hits back at current Top Judge February 17, 2012 Richard Mumford
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Are some rights to private life just not cricket?
Posted in Art. 8 | Right to Privacy/Family, Case comments, Immigration/Extradition, In the news, Poor reporting, tagged cricket, Express, immigration, Telegraph on January 9, 2012 | 18 Comments »
Mr Abdullah Manuwar and Secretary of State for the Home Department IA26/543/2010 – Read decision We have posted on this blog previously on some of the poor reporting of human rights cases. Alarm bells were ringing as the Sunday Telegraph reported student Abdullah Munawar’s appeal on human rights grounds against a refusal to grant him leave to stay in [...]
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