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S, Regina (on The Application of) v First-Tier Tribunal: Admn 4 Jul 2012

Whether, in restricting the statutory right of appeal against an adverse asylum decision to individuals given discretionary leave to remain in the United Kingdom for more than twelve months, section 83 of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act) is incompatible with European Union law, in particular the requirement for an effective … Continue reading S, Regina (on The Application of) v First-Tier Tribunal: Admn 4 Jul 2012

HN v Minister For Justice, Equality And Law Reform: ECJ 7 Nov 2013

EcJ Opinion – Common European asylum system – Directive 2004/83/EC – Minimum standards for qualification for refugee status or subsidiary protection status – Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – National procedural rule making the consideration of an application for subsidiary protection subject to the … Continue reading HN v Minister For Justice, Equality And Law Reform: ECJ 7 Nov 2013

Samba Diouf v Minister of Labour, Employment and Immigration: ECJ 1 Mar 2011

ECJ (Area of Freedom, Security and Justice) Request by a citizen of a country seeking refugee status – Rejection of this request, as part of a national process accelerated in the absence of reasons justifying the granting of international protection – No appeal against the decision to submit the request for an expedited procedure – … Continue reading Samba Diouf v Minister of Labour, Employment and Immigration: ECJ 1 Mar 2011

A, B and C: ECJ 17 Jul 2014

ECJ (Advocate General’s Opinion) Common European Asylum System – Directive 2004/83/EC – Refugee status – Directive 2005/85/EC – Assessment of applications for international protection – Assessment of facts and circumstances – Credibility of an applicant’s averred sexual orientation Judges: Sharpston AG Citations: C-148/13, [2014] EUECJ C-148/13 – O, ECLI:EU:C:2014:2111, [2014] EUECJ C-148/13 Links: Bailii, Bailii … Continue reading A, B and C: ECJ 17 Jul 2014

HID, BA v Minister For Justice, Equality And Law Reform, Ireland, Attorney General: ECJ 31 Jan 2013

ECJ Request for a preliminary ruling – Common European Asylum System – Application by a national of a third country seeking refugee status – Directive 2005/85/EC – Article 23 – Possibility of prioritising the processing of asylum applications – National procedure applying a prioritised procedure for the examination of applications by persons belonging to a … Continue reading HID, BA v Minister For Justice, Equality And Law Reform, Ireland, Attorney General: ECJ 31 Jan 2013

Samba Diouf v Minister of Labour, Employment and Immigration: ECJ 28 Jul 2011

ECJ Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – ‘Decision taken on [the] application for asylum’ within the meaning of Article 39 of Directive 2005/85 – Application by a third country national for refugee status – Failure to provide reasons justifying the grant of international protection … Continue reading Samba Diouf v Minister of Labour, Employment and Immigration: ECJ 28 Jul 2011

Tall v Centre public d’action sociale de Huy: ECJ 17 Dec 2015

ECJ Judgment – Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – Article 39 – Right to an effective remedy – Multiple asylum claims – Non-suspensory effect of an appeal against a decision of … Continue reading Tall v Centre public d’action sociale de Huy: ECJ 17 Dec 2015

TN, MA and AA (Afghanistan) v Secretary of State for The Home Department: SC 24 Jun 2015

The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing. Held: The appeals failed. An applicant could not claim, after an unsuccessful statutory appeal after he had become 17, that the Home Secretary’s failures properly to investigate his claim with … Continue reading TN, MA and AA (Afghanistan) v Secretary of State for The Home Department: SC 24 Jun 2015

DL (DRC) v The Entry Clearance Officer, Pretoria: CA 18 Dec 2008

The Court asked: ‘1(a) Is a person who is outside his country of origin and recognised as a refugee, and who has subsequent to that recognition taken on the nationality of the host country, still a refugee within the meaning of the 1951 Geneva Convention on the Status of Refugees?(b) If such a person does … Continue reading DL (DRC) v The Entry Clearance Officer, Pretoria: CA 18 Dec 2008

PA (Protection Claim, Respondent’s Enquiries, Bias): UTIAC 21 Sep 2018

1. Respondent’s inquiries in country of origin of applicant for international protection (1) There is no general legal requirement on the Secretary of State to obtain the consent of an applicant for international protection before making an inquiry about the applicant in the applicant’s country of origin. The decision in VT (Article 22 Procedures Directive … Continue reading PA (Protection Claim, Respondent’s Enquiries, Bias): UTIAC 21 Sep 2018