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Described by the government as “a framework of new, enhanced powers and offences to improve UK border security and to strengthen the asylum and immigration system”, the Bill contemplates a raft of reforms which have been summarised in a previous post on this blog.
Launching the JCHR’s inquiry into the Bill, Lord David Alton said:
We need to make sure that, as the Government sets out to deal with long-term issues such as the asylum backlog, costly asylum accommodation and low public confidence in the asylum and immigration processes, it does not come at the cost of the human rights of those engaging with the system.
The JCHR invites written submissions until 1st September 2026 on a number of issues relating to the Bill’s compatibility with domestic and international human rights obligations.
UNHRC concludes 62nd regular session
The UN Human Rights Council (UNHRC) concluded its 62nd regular session on 8th July, having adopted 28 resolutions on a range of country-specific and thematic issues.
The UNHRC adopted resolutions relating to the current human rights situations in Sudan, Myanmar and Eritrea and on a variety of thematic issues, including:
freedom of expression;
the rights of women and girls in humanitarian situations;
forced marriage;
protection of healthcare in armed conflict;
judicial independence; and
extreme poverty.
Calls for ICO to be investigated for eVisa oversight failures
The Science, Innovation and Technology Select Committee has been asked to open an investigation into the Information Commissioner’s Office (ICO) for alleged failures in upholding data protection law in relation to the Home Office’s eVisa scheme.
In a letter to the Committee’s chair, a group of 20 immigration, data protection and human rights organisations assert that the eVisa scheme has been affected – since its rollout – by systemic data protection and accessibility issues.
The signatories note that these issues have had a “high and unjustifiable” price, preventing individuals from proving their immigration status, applying for jobs, enrolling in education, and claiming benefits.
Against this background, the signatories criticise the ICO’s failure to take any action as part of its oversight responsibilities, despite being approached in November 2025. They ask the Select Committee to consider whether institutional changes are needed at the ICO, as well as investigating the specific eVisa issues.
Concerns over facial recognition technology in UK shops
Civil liberties groups have described a “dangerous escalation” in the use of facial recognition technology in UK shops – such as Sainsbury’s, B&M and Spar – to monitor shoplifting.
The technology, known as Facewatch, is expected to alert police in real time to the presence of known offenders based on live facial recognition matching.
Critics say this raises proportionality issues given the risks of misidentification, as well as threatening infringements of data and privacy rights as people’s faces will be scanned and their features stored without meaningful consent.
In defence of the technology, Facewatch’s CEO has said:
This is about the people who commit dozens and, in some cases, hundreds of offences, not the millions of people who simply want to do their shopping. If technology can help protect retail workers, prevent further crime and support policing, we believe it has a responsible role to play.
Australian court rules against government in indefinite detention case
The Australian High Court has unanimously ruled against the federal government in a case concerning indefinite immigration detention. The case was a damages claim brought by an Austrian citizen, Safwat Abdel-Hady, who was detained for 18 months despite having no realistic prospect of removal due to health issues.
The government sought to rely on a previous ruling of the High Court (Al-Kateb) which was overturned in 2023. Commentators have suggested that the decision may lead to other compensation claims, leading to a bill which could “run into the tens of millions of dollars”.
Sara v Gheorgheni Court, Romania [2026] EWHC 1402 (Admin)
In Sara v Gheorgheni Court, Romania [2026] EWHC 1402 (Admin), the High Court has allowed an appeal against extradition on grounds relating to human rights law. The case concerns the definition of “conviction” and “trial” under s 20 of the Extradition Act 2003 (EA 2003) and the impact of delay on the balancing exercise required under Article 8 ECHR.
Facts and background
The appellant was convicted and sentenced in respect of two driving offences in Romania in June 2016. He received a suspended sentence of two years and ten months imprisonment. On his own case, the appellant left Romania shortly afterwards. Following a complaint by the Probation Service, the suspended sentence was then activated in December 2016. In early 2017, the appellant arrived in the UK where he has settled.
Further proceedings in Romania ensued in which the appellant’s sentence was changed multiple times. The net result was reached in April 2022. The appellant’s original sentence (now activated and not yet served) was split into two sentences totalling two years and six months and then merged with sentences for a number of other offences. The appellant was not present for any proceedings following the initial sentencing in 2016.
Decision
The court allowed the appeal on two grounds.
First, the court held that the appellant could not be considered to have “deliberately absented himself from his trial” under s 20(3) of EA 2003 and therefore, since no right to a retrial or appeal was endorsed on the arrest warrant, he fell to be discharged under s 20(7) [113].
Second, the court held the district judge (DJ) was wrong to conclude that extradition was not a disproportionate interference with the appellant’s rights under Article 8 ECHR [118].
Reasoning on section 20
Where a person is subject to an extradition request on the basis that they are unlawfully at large after conviction, the court must decide whether the person was “convicted in his presence”: s 20(1). If the person was not present, then the court must decide whether the person “deliberately absented himself from his trial”: s 20(3). If the person was not deliberately absent, the court must make an order for discharge unless the person would be entitled to a retrial or appeal following extradition: s 20(5) and (7). These provisions are intended to ensure that a person is not extradited in breach of their right to be present at their trial under Article 6 ECHR: see [13] and Bertino v Italy [2024] UKSC 9 at [45].
The court accepted that the term “trial” (s 20(3)) means “the trial resulting in the decision” in respect of which extradition is sought and that this definition encompasses post-conviction sentencing proceedings where the court decides on a cumulative sentence, if the decision involves an exercise of discretion: [109]-[110] and see Case C271/17 PPU Zdziaszek [2017] 4 WLR 189.
The court acknowledged that the relationship between that definition (“trial”) and the definition of “conviction” (s 20(1)) is difficult to discern. That was important in this case because the appellant was present at his conviction and initial sentencing in June 2016 but not at the hearing in April 2022 where the Romanian court decided to impose a modified sentence. On its face, the structure of s 20 is that a person’s opportunity to be present at subsequent sentencing proceedings is irrelevant if they were present at conviction, even if the latter proceedings do (or at least could) lead to a different sentencing outcome.
Contrary to the decision of the DJ, the court ultimately held that the appellant’s case could not be determined purely on the basis of s 20(1) as that would be inconsistent with the approach in Zdziaszek and the fact that the Romanian arrest warrant expressly sought the appellant’s extradition in relation to the “decision” taken in April 2022. It was therefore relevant to consider whether the appellant deliberately absented himself from the hearing in April 2022. On that question of fact, the court was not satisfied that the appellant was summoned to the hearing or even knew about it. Therefore, in the absence of any right to a retrial or appeal, he was not liable to extradition.
Reasoning on Article 8
In the court’s view, the only question which it had to determine under this ground was whether the DJ adequately took account of the period of delay between the commission of the offences by the appellant and the extradition request. It concluded that the DJ had not done so and that this was another basis on which the appeal should be allowed ([118]).
The DJ did not directly address the overall length of the delay (nearly 10 years from the commission of the offences) and failed to give adequate weight to the requesting state’s culpability in respect of the delay ([117]). Based on its review of the case law, the court directed itself that long culpable delay by the requesting state diminishes the public interest in extradition, in particular because it can be taken to indicate the state’s own subjective view of the public interest in obtaining extradition ([21]). This was a “crucial factor” which should have weighed in the balance “significantly differently” when considering Article 8, so as to make the DJ’s conclusion wrong.
Council of Europe adopts political declaration on migration
All 46 member states of the Council of Europe have adopted the Chișinău Declaration on migration and the ECHR.
The declaration reaffirms the signatories’ commitment to the ECHR, while stressing the need for member states to be able to tackle “significant, complex, migration-related challenges … which were either unforeseen at the time the Convention was drafted or have evolved significantly since then”.
The declaration states that it is “an obligation and a necessity” for member states to protect their borders in compliance with the ECHR. A desire is expressed for further guidance from the ECtHR on a number of points, including the use of Article 3 to avoid expulsion or extradition.
The “living instrument” doctrine is pointedly highlighted twice, with emphasis on the ECtHR’s practice of interpreting the Convention in view of “present-day realities” and “novel challenges”.
The declaration also asserts that member states must be allowed to adopt new approaches to address irregular migration. Particular mention is made of the fact that several member states are currently envisaging the use of third countries as processing and return hubs.
Written ministerial statement on responding to antisemitism
In the wake of the Golders Green attack, the Secretary of State for Housing, Communities and Local Government has issued a statement setting out the Government’s strategy on tackling antisemitism in the UK.
The statement refers to the Government’s recent command paper on improving social cohesion (published in March 2026) and announces additional measures, stating that “we all need to do more”.
The statement also commits the Government to fast-tracking legislation to introduce “new proscription-like powers to clamp down on individuals and groups carrying out hostile activity for foreign states”.
In the courts
Barrister contempt proceedings dismissed
The Court of Appeal has held that the Crown Court does not have jurisdiction to refer an alleged contempt of court directly to the High Court. Accordingly, the court dismissed High Court proceedings against the barrister Rajiv Menon KC, leaving the matter back in the hands of the Crown Court judge. The case is Re Contempt Proceedings against Rajiv Menon KC [2026] EWCA Civ 573.
In January 2026, Mr Menon was held by a Crown Court judge to have breached, in his closing speech to the jury, the terms of a directions ruling which prohibited counsel from inviting the jury to disregard the court’s rulings of law, to disregard their juror oaths, or to apply the principle of jury equity. The judge then referred the matter to the High Court for consideration.
According to a statement by Mr Menon’s chambers, this was the first time in English legal history that a barrister had been prosecuted for contempt in respect of a closing speech at a criminal trial. The Chair of the Bar Council, Kirsty Brimelow KC, has also referred to the proceedings as “exceptional” and “troubling” and highlighted the risk of a chilling effect on the profession.
On Mr Menon’s appeal against a preliminary directions ruling, the Court of Appeal accepted the submission that the Crown Court exceeded its jurisdiction in making a direct reference to the High Court. The High Court would only have jurisdiction to deal with the case on an application by the Attorney-General ([62]).
In reaching its conclusion, the Court of Appeal followed “the overwhelming weight of authority”, which indicated that the Crown Court has only two options when confronted with an alleged contempt in the face of the court ([55]). These are: (a) it can deal with the matter itself in summary proceedings; or (b) it can make a reference to the A-G, who may make an application to the High Court if doing so would serve the public interest.
The court’s conclusion affirms the A-G’s role as a necessary filter in the majority of contempt cases. This is consistent with the guidance given in the leading case of Balogh v St Albans Crown Court [1975] 1 QB 73, which is that the Crown Court judge should leave the matter to the A-G’s discretion unless it is imperative to act immediately ([57]).
On Tuesday, the House of Commons approved an amendment to the Crime and Policing Bill under which women convicted of historic abortion offences will be pardoned and have their criminal records expunged. The amendment was originally proposed in the House of Lords to complement the bill’s provision to decriminalise abortions by women acting in relation to their own pregnancies.
Bar Council publishes paper criticising jury curtailment proposals
As the Courts and Tribunals Bill continues its committee stage, the Bar Council has published a 31-page polemic by Geoffrey Robertson KC attacking the government’s proposals to limit jury trials.
Robertson argues that the proposals will not clear the criminal courts backlog and may worsen delays. He points to time being taken up on novel pre-trial allocation proceedings and on judges retiring to produce reasoned judgments.
Robertson also contends that the proposals overlook the constitutional significance of a jury’s power to show mercy and acquit on conscientious grounds. He positions this as a crucial safeguard against injustice and draconianism – a ‘proud boast of British justice’.
Concluding, he writes:
‘The proposed reforms take the axe to a substantial proportion of jury trials (half at a rough estimate), disadvantaging not only defendants but all who are proud of the way in which justice has been delivered, through majority deliberation of a dozen community representatives, more in touch with current values than judges or magistrates and able, in their own way, to show mercy when the law does not allow for it.’
In the courts
Assessing persecution under the Refugee Convention
Dismissing an appeal against refusal of a protection claim, the Court of Appeal has reiterated that the question whether an asylum-seeker has a well-founded fear of persecution is ‘acutely fact-sensitive’. The court also echoed previous cautions against overly ‘forensic’ reasons challenges. The case is MN (Vietnam) v SSHD [2026] EWCA Civ 485.
The appellant (MN) was a Vietnamese national. In 2014, he attended a demonstration in Ho Chi Minh. On his account, he was arrested by police, beaten, charged with attending an illegal demonstration, and returned to his home area. Once there, the authorities told him that he was on a blacklist and would be watched.
Later that year, MN entered the UK using a business visa and overstayed. He sought to avoid removal by claiming entitlement to refugee status under Article 1A(2) of the Refugee Convention on the basis that he had a ‘well-founded fear of being persecuted’ if returned to Vietnam. The Secretary of State rejected his claim. The First Tier Tribunal (FTT) and the Upper Tribunal (UT) rejected his appeals.
On his further appeal to the Court of Appeal, MN argued that the FTT judge, whose reasoning and conclusions were adopted by the UT, had: (i) failed to make proper findings about, and failed properly to assess, MN’s ill-treatment in 2014; and (ii) operated on the mistaken basis that ill-treatment must be ‘systematic’ to constitute persecution.
The court rejected both arguments. As to the first, the judge had clearly accepted all aspects of MN’s evidence about what happened to him in Vietnam and was not required to repeat every detail in his conclusions ([38]). The judge had also accepted evidence of intolerance of protests and action taken by the Vietnamese authorities to suppress state opposition ([41]).
As to the second argument, the court rejected the contention that, by using the word ‘systematic’, the judge had been applying an erroneous threshold test. This was an ‘overly forensic scrutiny or dissection’ of the judge’s language ([46]). Stating that MN would not be subjected to ‘persistent or systematic’ ill-treatment was simply a way of reiterating that MN was not likely to face adverse interest from the authorities upon his return.
Although it was true in law that a single episode of ill-treatment could amount to persecution, this was an ‘acutely fact-sensitive’ evaluation ([47]). Thus, despite the acknowledged possibility that MN might face a further beating, the judge was not prevented from concluding that he did not have a well-founded fear of persecution, taking the circumstances in the round.
Determining whether a person is a victim of slavery or human trafficking
In R (CGW) v SSHD [2026] EWHC 858 (Admin), the High Court has criticised an apparent understanding among Home Office officials about the level of detail required to meet the standard of proof as to whether a person is a victim of slavery or human trafficking.
The claimant for judicial review (CGW) arrived in the UK on a small boat in 2021. His account was that, while in asylum accommodation, he was approached by some men who purported to offer him work. He was then transported to a series of indoor cannabis farms where he was held against his will, beaten, and forced to tend the cannabis plants. He was eventually found by police, who referred him to the Home Office to assess whether he was a victim of human trafficking.
The Home Office’s Immigration Enforcement Competent Authority eventually took a negative ‘conclusive grounds’ decision to the effect that CGW was not a victim of human trafficking. CGW challenged this decision from multiple angles, including that the decision-maker had failed to give legally adequate reasons.
The Deputy Judge accepted this ground of challenge, holding that the purported reasons were ‘plainly deficient’ ([24]) and simply did ‘not provide rational justification for the conclusions reached’ ([25]). There were two fatal problems:
the reasons were ultimately bare conclusions because they stated that there was ‘insufficient’ information for a positive decision but did not explain why; and
the reasons were non sequiturs because CGW’s account of what happened to him appeared sufficient and the decision did not say that his account was not credible.
The Deputy Judge also responded to his impression that Home Office officials were taking ‘conclusive grounds’ decisions on the understanding that a person will not meet the required standard of proof unless they have provided ‘detailed’ information about their exploitation.
This approach was ‘legally wrong’. The decision-maker was simply required to determine on the balance of probabilities whether the individual was a victim of human trafficking or slavery, basing that decision on the totality of the evidence available, including any circumstantial evidence. There was no minimum requirement as to the level of detail that an individual had to provide ([30(2)-(3)]).
Upcoming ICLQ Annual Lecture, 12th May 2026
The International and Comparative Law Quarterly Annual Lecture will be taking place on Tuesday 12th May, at 17:30 to 19:30, followed by a reception or online via Zoom.
The lecture will be delivered by Dr Sofia Galani on ‘Human Rights Obligations in Maritime Search and Rescue’, based on her article which was recently published in ICLQ vol. 74(1).
Scottish assisted dying bill falls while Westminster proposals lag in the House of Lords
Tuesday evening saw the Assisted Dying for Terminally Ill Adults (Scotland) Bill defeated at the last stage of the Holyrood legislative process. After a final debate, Members of the Scottish Parliament voted against the bill by 69 votes to 57, with one abstention. The bill would have allowed some terminally ill patients to be assisted to end their lives. Patients would have been required to make two declarations of their wish for assisted dying and to undergo assessment by two doctors as to their eligibility and freedom from coercion or pressure.
Meanwhile, the House of Lords continues to debate amendments to the Terminally Ill Adults (End of Life) Bill for England and Wales. Owing to the 1,200+ amendments which have been tabled, the bill is now widely expected to run out of time – despite passing the Commons in June 2025. The bill’s proposer, Kim Leadbeater MP, is reported to have said that the House of Lords has ‘signed its own death warrant’ by stalling the legislation.
NHRI joint statement urges UK government not to dilute the ECHR
On Thursday, the UK’s three National Human Rights Institutions (NHRIs) issued an unusual joint statement urging the government to ‘commit to no reduction in rights protections’.
The NHRIs note that the UK government has expressed an intention to ‘re-balance’ and ‘clarify’ the position relating to migration by adopting political declarations on Articles 3 and 8 ECHR. They ask the government to explain how it will ensure that its proposals do not weaken ECHR protections. The statement continues:
‘The erosion of anyone’s rights puts us all at risk; it signals that these shared standards are not guaranteed and that any of our rights could be subject to debate.’
The UK’s NHRIs – the Equality and Human Rights Commission, the Scottish Human Rights Commission, and the Northern Ireland Human Rights Commission – are required to abide by the Paris Principles. These call on them to promote and protect all human rights by acting independently from government.
Rights groups criticise airlines for removals under ‘one in, one out’ scheme
The Joint Council for the Welfare of Immigrants and 27 other human rights organisations have written letters to four airlines criticising them for providing removal flights under the UK and France’s ‘one in, one out’ pilot scheme.
Under the scheme, which became effective in August 2025, asylum-seekers arriving in the UK from France in small boats can be detained and removed to France for readmission. The UK has a reciprocal obligation to maintain a voluntary application route for qualifying individuals to be transferred legally from France to the UK.
The letters call on the airlines – Air France and three private charter companies – to cease participation in the scheme or face boycotts. They refer to correspondence published earlier in February, in which UN mandate-holders said that the scheme ‘may result in serious violations of international human rights law’ and urged the UK and French governments to end it.
UN Human Rights Council responds to situation in Iran
In its 39th Special Session on Friday, the UN Human Rights Council (UNHRC) called for an urgent investigation into human rights violations by the Iranian state in the context of its repression of nationwide protests beginning in late December last year.
The UNHRC also extended the mandates of the Fact-Finding Mission and Special Rapporteur on Iran. The Special Session was informed of credible reports that thousands have been killed, many more injured, and over 24,000 arrested since the start of the protests, which have been accompanied by a complete internet and mobile services shutdown since 8 January. High Commissioner for Human Rights, Volker Türk, said:
“The only way out of this frightening escalation is through dialogue based on the human rights of all Iranians. The aspirations and ideas in particular of women, girls, young people and ethnic and religious minorities must be allowed to shape Iran’s future. We remain available to support any change in direction that fully respects Iran’s human rights obligations.”
European Committee of Social Rights publishes 2025 Conclusions
On Wednesday, the European Committee of Social Rights (ECSR) published its Conclusions on Labour Rights for 2025. The Conclusions for the UK make findings of non-conformity with Articles 3, 5 and 6 of the European Social Charter on several grounds, including:
a lack of a right to disconnect from work;
a lack of coverage by health and safety regulations for domestic and self-employed workers;
a failure to promote the freedom of association and collective bargaining of gig economy workers; and
the denial of the right to strike to the police, prison officers, and members of the armed forces without effective alternative means of negotiating terms and conditions.
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