Articles in: Asylum & Immigration Law

Proposal for a Directive on preventing and combating trafficking in human beings and protecting victims

“On 29 March 2010 the European Commission tabled a proposal for a new Directive on trafficking in human beings, aimed at further approximating legislation and penalties, ensuring successful prosecution, better protection of and assistance to victims, and prevention of trafficking. It follows up on a previous proposal tabled in 2009. The Directive, if approved, will replace current EU legislation dating …

Asylum & Immigration Law, Commentaries, Criminal Law and Criminal Procedure, EU Law

R (K (Iran)) v Secretary of State for the Home Department [2010] EWCA Civ 115

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 …

Art. 06 Right to a Fair Trial, Asylum & Immigration Law, EU Law

R (Boroumand) v Secretary of State for the Home Department [2010] EWHC 225 (Admin)

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 …

Art. 08 Right to Private and Family Life, Asylum & Immigration Law, Criminal Law and Criminal Procedure

KM for Judicial Review of a Decison of the Secretary of State for the Home Department to Detain the Petitioner [2010] CSOH 8

The petitioner arrived in the UK in 2000 and was granted asylum. In 2002, he is arrested, but granted Temporary Admission and released from custody subject to reporting conditions which he breaches. In 2004, he is convicted of robbery and sentenced to four years imprisonment.

Art. 05 Right to Liberty and Security, Asylum & Immigration Law

KB (Trinidad & Tobago) v Secretary of State for the Home Department

Held that deportation cases did not call for a materially different approach from that required in ordinary removal cases,

Art. 08 Right to Private and Family Life, Asylum & Immigration Law

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.