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.
LGBT status has been
grounds for asylum in the U.S. since 1994, but winning refugee status can be difficult, particularly for people who are unable to obtain visas to the U.S. before applying.
Although Caroline's real life situation met the legal
grounds for an asylum claim and she had a «well - founded fear of persecution», the current system made it more advantageous for her to fabricate a tale of sexual violence.
Not exact matches
Ilesanmu's case has raised the question as to whether the threat of female genital mutilation should be
grounds for claiming
asylum in the UK.
Not that the skyline of downtown Gotham City didn't make
for the perfect backdrop to Batman's Arkham
Asylum antics, but can you imagine exploring the caped crusader's stomping
grounds up close?
Panel member Gordon Maynard of Maynard Kischer Stojicevic in Vancouver said broadly speaking, there are four paths
for being accepted into Canada as an immigrant: economic, in which the selection is skill - based; family reunification;
asylum; and humanitarian and compassionate
grounds.
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 Charter.
The applicants in the main proceedings were Pakistani nationals who entered Germany and applied
for asylum on religious
grounds.
Article 15, the «humanitarian clause», provides that a State may bring together «family members as well as other dependent relatives» on humanitarian
grounds by taking responsibility
for an
asylum seeker that they would not otherwise be responsible
for.
The applicants in the main proceedings were Pakistani nationals who applied
for asylum in Germany on religious
grounds.
The referring court first asked whether Article 15 (2)(considering it the lex specialis) signified that a State which is prima facie not responsible
for the
asylum seekers becomes automatically responsible on humanitarian
grounds, in a situation of dependency such as the present.
If the H - 1B visa employee who was not hired or was fired
for failing a drug test did not find new comparable work within six months, the visa would expire, and that individual would be deportable if (1) the Department of Homeland Security chose to begin deportation proceedings, and (2) the employee could not obtain another visa (e.g. a spouse visa following a marriage to a U.S. citizen) that would allow that individual to obtain a valid visa on some other
grounds, and (3) the H - 1B employee had no valid reason to claim
asylum in the United States due to a threat of persecution if deported.
RT (Zimbabwe) v Secretary of State
for the Home Department [2012] UKSC 38 [2012] 3 WLR 345
Asylum claim: persecution on
grounds of political belief.