Scottish Human Rights Law Group

The appellant claimed damages arising from the delay in the processing his asylum application. He submitted that the delay caused two types of damage: first, it aggravated his existing psychiatric condition; secondly, he lost the opportunity of presenting his case during a period (a “window of lucidity”), when, it is said, his mental condition was such that he could still …

This was an appeal against the deportation of an Iranian national whose application for asylum was refused and whose appeal rights were exhausted by 17 March 2005.  He was subsequently convicted of grievous bodily harm.  He wished to make a subsequent claim for humanitarian protection, however, the Secretary of State maintained that he was excluded from humanitarian protection due to …

Contribution by Zoe Picton-Howell
In this Scottish case, an application by a father acting on behalf of his young child with disabilities and serious health problems, for judicial review of section 73 of the Social Security Contributions and Benefits Act 1992, as being incompatible with provisions of the European Convention on Human Rights was rejected by the Court of Sessions. …

Following judicial review proceedings in the High Court of England and Wales by the Equality and Human Rights Commission against the National Offender Management Service, it was held that NOMS, in its treatment of some foreign prisoners, had failed to comply with laws on disability and race.
All public authorities are bound by law to conduct equality impact assessments and examine …

R (on the application of BINYAM MOHAMED) v SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH AFFAIRS (2010)

This appeal was based on Binyam Mohamed’s request for disclosure by the UK government of documentation and information, so as to assist his defence against charges which he anticipated would be brought against him by the US.Important legal issues arise from the working relationship …