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News & Views Monday 17th Augut to Sunday 23rd August 2015

Important Information for Any Afghan Detainee Due to be Removed on Charter Flight to Afghanistan on 25th August

On the 19th August 2015, Lord Justice Clarke granted permission to appeal in the case of Naziri & Ors, R (on the application of) v Secretary of State for the Home Department (JR – scope - evidence (IJR) [2015] UKUT 437 (IAC) (27 July 2015).

Permission to appeal has been granted on six separate grounds.

LJ Clarke has also granted interim relief staying the removal of all 30 appellants involved in the case pending the outcome of the appeal.

We would advise that all Afghan nationals on the Charter Flight for the 25th August 2015 should considering relying upon this order to challenge their removal particularly where submissions have been made pursuant to Article 15c of the Qualification Directive on the basis that hailing from a ‘dangerous province’ they would face a serious and individual threat of indiscriminate violence if returned there and that relocation to Kabul would be unreasonable, and also where the SSHD has placed specific reliance upon Naziri & Ors in their refusal decisions.

We are currently considering whether to apply for generic relief as per the previous Charter Flight in April 2015. However in the meantime, we would advise persons on the Charter Flight to urgently obtain legal advice in relation to this.

If you need further advice or information, please contact one of the following:

Lewis Kett on 020 3114 1178 or email on
Jamie Bell on 020 3114 1184 or email on
Toufique Hossain on 020 3114 1128 or email on

Counsel in the case are Sonali Naik, Ali Bandegani, Louise Hooper and Bryony Poynor of Garden Court Chambers.
Source Duncan Lewis Solictors

Refugees in Legal Limbo as UK Cuts Scots Immigration Courts

Refugees in Scotland face waiting up to a year for their asylum applications to be heard after the UK government slashed the number of cases which can be heard at Scotland's only immigration court.  Immigration lawyers say the number of courts sitting has been reduced from five or six a day to only two following moves by the Ministry of Justice.  They have warned that asylum seekers who are not permitted to work while their cases are processed could now spend much more time on benefits. Charities that work with refugees fear the reduction will restrict the number of bail hearings and force vulnerable people to spend longer in detention.  The First-tier Tribunal Immigration and Asylum Chamber at the Eagle Building in Glasgow is the only regularly sitting body in Scotland which deals with immigration and asylum cases.

One leading immigration lawyer, who asked not to be named, said: "The court has been very busy over recent months, though is being forced to reduce from five or six courts a day down to only two a day. This is because of government cuts and is not good for anyone. People will have to wait close to a year for their cases to be heard.

Read more: Peter Swindon, Herald Scotland, <>16/08/2015

Still Human Still Here Commentary UKHO April/February 2015 CIGs
UK Home Office Country Information and Guidance (CIGs) on India. This commentary identifies the main inconsistencies and omissions between the available COI and case law and the conclusions reached in the India CIG reports issued by the UK Home Office on:

Country information and guidance report: Women fearing gender-based harm/violence, India, April 2015
Country information and guidance report: Background information, including actors of protection, and internal relocation, India, February 2015
The commentary is intended as a tool to assist legal practitioners and to help ensure that all relevant material is considered by decision-makers.

Previous commentaries on the Eritrea, Iraq and Pakistan CIG reports and Operational Guidance Notes (OGNs) on Afghanistan, DRC, Eritrea, Iran, Iraq, Jamaica, Nigeria, Palestine, Somalia, Sri Lanka, Sudan and Zimbabwe can be accessed at:

UKHO CIG: Afghanistan: Security and Humanitarian Situation

1.1 Basis of Claim
1.1.1 That the general humanitarian situation in Afghanistan is so severe as to  make removal a breach of Article 3 of the European  Convention on Human  Rights (ECHR); and/or

1.1.2 That the security situation in Afghanistan 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’).
Download the CIG here . . . . .

SNP Would 'Support Failed Asylum Seekers With Cash'

The Scottish Government would financially support failed asylum seekers if Scotland was handed control over immigration, social justice secretary Alex Neil has said. Mr Neil attacked the UK government's proposal to cut financial support for those who are refused asylum in the UK, saying it will leave traumatised men, women and children "destitute". In a letter to UK government immigration minister James Brokenshire, Mr Neil said: "The proposals will cut support to some of the most vulnerable people in our society, who only receive that support because they would otherwise be destitute. "The Scottish Government believes that the proposals, which seem designed to shift responsibility and cost onto other bodies, particularly local authorities, are wrong in principle. "It is highly unlikely they will achieve their objective, and they will fundamentally undermine our efforts to create a fairer Scotland."

Read more: Scot Macnab, Scotsman, <> 17/08/2015

European Court of Human Rights Uncovered

What it does, who it protects, why it matters

If you care about spreading accurate information on human rights, then please share the infographic and individual cards as widely as possible.

The current government is considering leaving the European Convention on Human Rights. It is therefore extremely important that people have access to clear, accurate information about what the European Court of Human Rights does, who it protects and why it matters.

We the UK Human Rights Blog have set ourselves the challenge of bringing the work of the European Court of Human Rights to life through fun, sharable infographics . With the help of Information is Beautiful Studio, we think we've cracked it. Our detailed research has also brought to light some important facts:

The UK only loses around 1 out of 100 cases at the court (card 9) The Daily Mail and Sun have reported that the UK loses 3 out of 4 and 3 out of 5 cases at the court respectively.

Two thirds of the people who have won cases against the UK since 1959 are not terrorists, criminals or prisoners. Again, contrary to what you might have read in the newspapers (Card 10)

The Court protects over 800 million people and costs 6 pence per European per year to run (card 7)

The Court is raising standards across Europe, which is good for the UK. In the past two decades, it has been focussing on the post-Communist states, Italy and Turkey, where most of the human rights violations (by far) are happening (cards 3, 4 and 5).

The countries which are longstanding members of court lose the least cases that go to a full judgment (card 4)

Over half of the human rights violations the court finds are about the right to a fair trial and property rights - these are key issues particularly in parts of Europe which were formally communist (Card 6)

For more information about the project go <> here . . . .

It's Been a Slow Week for Immigration News & Views
Last updated 17 August, 2015