She now has substantial experience in immigration and
asylum cases which invariably involve Human Rights arguments and arguments about the proper interpretation of the Immigration Rules.
Not exact matches
Case Farms,
which produces nearly a billion annual pounds of chicken for both mega-chains such as Kentucky Fried Chicken and for federal lunch programs, hired Guatemalan
asylum - seeker Osiel López Pérez when he was just 17 years old.
Thus, States are not required to grant safe passage out of their territory to those who seek
asylum in diplomatic premises within their territory (unless there is a specific treaty
which provides for such an obligation,
which there is not in this
case).
That's the type of judgement
which the Home Office now exercises in
asylum cases.
There is precedent too, in previous
cases such as MSS v Belgium and Greece
which have held that EU member states have acted illegally by deporting a refugee into another state's
asylum system, where that refugee's human rights can not be guaranteed.
Wiles» statement represents an apparent policy change as it contradicts the «Nationality - Swapping» document,
which describes how Border Agency officials judging
asylum cases should access DNA and isotope evidence from the project and use it in interviews with
asylum seekers.
«This study focuses on the
case of the volunteers engaged in the support of
asylum seekers and refugees in order to analyse questions
which remain underexplored in the literature on collective action.
The reality is that while some clients may be able to pay privately for the Art 8 parts of their
case (
which is of course a bonus to the firm on top of the fixed fee they would otherwise get from legal aid funding), many more can not afford to do so (if they have been assessed as eligible on means for public funding for the
asylum part of the
case it is hard to see how they are expected to have easy access to private funding for the Art 8 part of their
case).
Such matters are no longer in scope and, if there is an Art 8 aspect arising in an
asylum case (
which there often is), it is encumbent on the practitioner to somehow hive off the out of scope work and record it separately in a parallel file.
Most importantly, in the NS & ME
case (Case C - 411 / 10 and C - 493 / 10), decided in December 2011, the CJEU followed the ratio of MSS, holding that «Dublin» transfers must be suspended where the transferring State can not be unaware of systemic deficiencies in the asylum system of the responsible State which give rise to substantial grounds for believing that the asylum seeker will face a real risk of being subjected to inhuman and degrading treatment contrary to Article 4 of the Char
case (
Case C - 411 / 10 and C - 493 / 10), decided in December 2011, the CJEU followed the ratio of MSS, holding that «Dublin» transfers must be suspended where the transferring State can not be unaware of systemic deficiencies in the asylum system of the responsible State which give rise to substantial grounds for believing that the asylum seeker will face a real risk of being subjected to inhuman and degrading treatment contrary to Article 4 of the Char
Case C - 411 / 10 and C - 493 / 10), decided in December 2011, the CJEU followed the ratio of MSS, holding that «Dublin» transfers must be suspended where the transferring State can not be unaware of systemic deficiencies in the
asylum system of the responsible State
which give rise to substantial grounds for believing that the
asylum seeker will face a real risk of being subjected to inhuman and degrading treatment contrary to Article 4 of the Charter.
Perhaps the most poignant aspect of this
case is that it came to the European Court in the first place,
which speaks to the problematic attitudes towards
asylum across Europe.
Well, there exist various networks; formal networks, less formal networks, I believe there is a network for national judges in
asylum cases; in administrative law there is an important network called ACA
which is run officially by the Belgian Council of State; there is a network of competition law judges.
A corporate junior tried their hand at an
asylum case,
which was «interesting because I'm not a litigator, so I got to stretch my legs in a space I don't usually work in.»
There was the usual crop of immigration and
asylum cases (six in all), at least two of
which attracted substantial publicity.
The reduction in appeal rights
which has largely ended the era by
which most government decisions (outside of
asylum and family migration
cases) are subject to review by independent judges.
In this
case, counsel for the Secretary of State referred to the fact that consideration had been given to prosecuting the Claimant for his non-cooperation under s. 35 (3) of the
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004: failing without reasonable excuse to comply with a requirement made by the Secretary of State to take specified action
which the Secretary of State thinks will or may enable a travel document to be obtained by or for the Claimant
which would facilitate the Claimant's deportation or removal from the United Kingdom.
Cases are referred to the firm through the Georgia
Asylum and Immigration Network (GAIN) but the firm also works closely with local social services: Tapestri — an organisation
which aims increase access to services for human trafficking victims and raise social awareness of human trafficking in the local area — and New American Pathways who support to refugees to settle and integrate into the local community through cultural orientation and support in areas such as education and careers.
Given the fact that each judge could be assigned eight or more
asylum cases (any one of
which could have hundreds of pages of background evidence) each week, the ability for any given judge to have full familiarity with any given
case is limited.
Interestingly, Baroness Hale also hints that socio - economic and so - called positive rights (see our recent post) may be coming soon — she cites a recent
case which appears to institute positive obligation on the state to provide housing to
asylum seekers — but that they may fall at the Strasbourg hurdle.
What this
case illustrates is the relative ease with
which asylum seekers with mental health difficulties, and who have no other source of support, can pass the destitution plus test.
The key points in the court's decision were as follows: (i) It referred to the High Court's decision in R (AW) v Croydon LBC [2005] EWHC 2950 (Admin), [2005] All ER (D) 251 (Dec)
which held that where the fresh grounds for
asylum were «manifestly nothing of the sort» then a local authority considering whether an applicant's human rights required accommodation to be provided could in limited
cases ignore the purported new claim and operate on the assumption that there is no impediment to the individual leaving the UK.
In addition to their other
cases, the students are all working on several
asylum cases, representing clients from all over the world, and seeking custody orders and filing petitions with USCIS for many juveniles who are eligible for SIJS status (
which can lead to legal permanent residency).
Worse, some publishers, not intimate with the needs and standards of good law publishing, just have no means by
which to measure the importance and functions of legal indexing, in those occasional
cases where lunatics have taken over
asylums.
The
case overturns a Court of Appeal ruling
which allowed an appeal by AH, IG and NM against the decision of an
asylum and immigration tribunal ordering their return to Sudan.