No-Deportations - Residence Papers for All

    News & Views Monday 27th April to Sunday 3rd May 2015

Leave to Remain: Spouses Have Rights Too
On the same day as it handed down judgment in the Khan case, the Court of Session's appeal chamber - the Inner House - provided further guidance on the relationship between the Immigration Rules and Article 8. Of particular interest in Mirza are the court's comments on where the rights of a British spouse figure in the context of an application for leave to remain by his or her partner.
<>Read more of this post

UKHO CIG - India: Religious Minority Groups

1.1 Basis of Claim

1.1.1 Fear of harm or mistreatment by either the state authorities or non state agents, on account of the person's religious affiliation.

1.2 Summary of Issues to Consider

- Is the person's account a credible one?
- Are members of a religious minority at risk of mistreatment or harm amounting to persecution in India?
- Are those at risk able to seek effective protection?
- Are those at risk able to internally relocate within India?

Published on Refworld, 28/04/15

Release Anna Rjabova from Prison

Demonstrate 2:30pm Tuesday 28th April

HMP Holloway, Parkhurst Road, London N7 0NU

Thanks to everyone who has taken action for Lillija and Anna the brutality they faced has been exposed on Channel 4 News, the guard responsible for the beating (Jo Singh) has been suspended and the incident is being investigated by the Prisons Inspectorate.

Despite all of this and winning Lillija's release at a bail hearing, Anna was still moved to Holloway prison, that is why we are holding an emergency demonstration at Holloway. Anna has no prison sentence, she has not been charged with anything, she is not on remand - we cannot let the immigration system continue to brush its brutality and mistreatment under the carpet by moving detainees into prisons. Join us on Tuesday.

If you cannot attend the 'Demonstration:

Send Anna Rjabova an Email of Solidarity - only 35p

Email A Prisoner: Our sophisticated systems allow you to write an email, press 'send' and sit back in the knowledge the email will be delivered safely, securely & ready for delivery to the prison of your choice. Your message is printed inside the prison and will be included in the daily mail delivery. From all corners of the World you can now stay in contact with prisoners, all for 35p per message

Movement for Justice: <>

Zermani, R (On the Application Of) v SSHD

(decision quashed on the grounds that it has not taken into account all the relevant factors)

[2015] EWHC 1226 (Admin) (30 April 2015)

1. The Claimant seeks an order quashing the decision of the Respondent dated 19 December 2012 refusing his application for leave to remain in the United Kingdom based on his Article 8 ECHR private life claim. HHJ McKenna granted permission on one ground, namely the failure to consider whether or not to grant leave to remain outside the Immigration Rules.

2. The Claimant is a national of Algeria aged 43. He says that he entered the UK in 2004, although he was only granted entry clearance as a visitor for 6 months in March 2006. Although that permission expired in September 2006, he remained in the country. It seems that he destroyed his own passport and acquired a forged one, passing himself off as a French National. On 19 September 2009 he was arrested for using a forged French passport and subsequently sentenced to 4 months in prison. It was only whilst he was serving his sentence that he made a claim for asylum. That claim was refused on 10 June 2010. The Immigration Judge hearing his appeal against the asylum decision had no doubt that his account was a fabrication. As to one matter (his brother's service in the US Army) the Judge may well have been wrong, for subsequent evidence has persuaded the Respondent that this aspect is credible. But his passport offence, the dubious timing of his asylum application and his illegal stay in the UK are beyond doubt.

The Application

3.The Claimant exhausted his appeal rights in September 2010. In November 2011 he made the application which leads to these proceedings. His solicitors wrote a detailed and well structured letter to the Respondent. It refers to his conviction and some of the other difficulties in his immigration history, but then seeks to demonstrate that his conduct has changed and that he has become a particularly valuable member of his community.

4. The whole thrust of the application is based upon that argument. There is no other basis for a grant of leave. Indeed towards the end of that letter, the point is made expressly by the solicitor writing the letter, who says this:

The Secretary of State is requested to give due consideration to the vital role our client plays within the community in various respects. He would not only be dearly missed but his place would be hard to fill in terms of the value he has provided to the community

The letter then refers to the "devastating impact" both for himself and the organisations he has assisted if he is removed. It submits that removal would be disproportionate. It ends by requesting that the Secretary of State applies her discretion and grants leave to remain outside the Rules.

50. The decision is to be quashed on the grounds that it has not taken into account all the relevant factors. Mr Jacobs asked me to order that upon reconsidering the decision the Respondent should be required to take account of the current position. That may be sensible, for it is 4 years since the application was made. But I cannot and do not fetter the Respondent's discretion in dealing with this application.

UKHO CIG: Iraq: Security Situation In Baghdad

Southern Governorates and the Kurdistan Region of Iraq (KRI)

1.1 Basis of Claim
1.1.1 That the security situation in areas controlled by the government of Iraq, including areas under the Kurdistan regional government, presents a real risk which threatens life or person such that removal would be in breach of Article 15(c) of European Council Directive 2004/83/EC of 29 April 2004 ('the Qualification Directive'), which applies where there is a serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict.

1.1.2 An assessment of protection needs under Article 15(c) of the Qualification Directive (QD) should only take place if the person is unable to establish a need for refugee protection. Consideration of Article 15(c) is part of the consideration of whether the applicant is entitled to humanitarian protection or humanitarian protection under Article 3 of the European Convention on Human Rights.

1.1.3 This document considers the security situation in the following governorates under, as of April 2015, the control of the government of Iraq (GoI), including the Kurdish Regional Government (KRG): Baghdad (including Baghdad city) Babil, Basrah, Kerbala, Najaf, Muthanna, Thi-Qar, Missan, Quadissiya and Wassit, and the Kurdistan Region of Iraq (KRI) which comprises Erbil, Sulaymaniyah and Dahuk governorates.

1.1.4 The GoI and KRG forces, supported by the US-coalition forces, are contesting areas occupied by the Islamic State of Iraq and the Levant (ISIL), and have regained control of a number of towns / areas in the governorates of Anbar, Salah Addin, Diyala, At Ta'min (Kirkuk) and Ninewa over the course of 2014 and early 2015. However the security situation and areas of control remain fluid and decision makers should consider the latest available country information in determining which areas are under the control of or being contested by the GoI and allied forces.

See country information for sources providing information on which areas are controlled by the GoI and ISIL, and Country Information and Guidance: Iraq: The security situation in the 'contested' areas of Iraq, August 2014

1.2 Summary of Issues
- Is the person's account a credible one?
- Is the person from or returnable to Baghdad governorate, Babil governorate, a governorate in the south or the KRI?
- Is there an international or internal armed conflict in Iraq?
- Is there indiscriminate violence in areas under the control of the Iraq government, including areas under the Kurdish regional government, which is at such a level that substantial grounds exist for believing that the person, solely by being present there, faces a real risk of harm which threatens their life or person?
- Are those at risk able to internally relocate?

Published on Refworld, 29/04/15

2014 A Bad Year For Human Rights In Europe
Nils Muiznieks - EU Commissioner for Human Rights, presenting his annual report for 2014, underscoring the pressure against NGO's and the media, said: "Journalists and NGO activists came under several different kinds of pressure: physical attacks, intimidation, judicial harassment and abuse of financial levers. This has quite serious implications for the long-term, as NGOs and the media play an extremely important role in safeguarding human rights. We need to take strong measures to ensure the viability of both independent media and NGOs, lest we wake up one day with no reporters or NGOs exposing corruption, abuses of power and human rights violations."
Read more: Council of Europe, <> 23/04/15

UKHO CIG India: Women Fearing Gender-Based Harm/Violence

1.1 Basis of Claim
1.1.1 Fear of gender-based harm by the state and/or non-state actors because the person is a woman.
1.1.2 For the purposes of this instruction, gender-based harm includes domestic violence, sexual violence including rape, acid attacks, so-called 'honour crimes', forced and child marriage and trafficking and other related offences.
1.1.3 A person's gender may also be a contributory factor in relation to other risk categories. Decision makers must therefore also refer to relevant India Country Information and Guidance on the category concerned.
1.2 Summary of Issues
- Is the person's account a credible one?
- Do women in India constitute a particular social group (PSG)?
- Are women in India at risk of gender-based harm?
- Is there effective protection for women?
- Is a woman able to internally relocate within India to escape that risk?

Published on Refworld, 28/04/15

Last updated 1 May, 2015