HE v SSHD [2013] EWCA Civ 1846 Case No: C4/2013/0148

' If the Secretary of State were to accept a liability for costs in appropriate cases, much expense would be saved on both sides.'

1) This is an appeal against a costs order in an immigration case. The claimant, who is the appellant in judicial review proceedings, asserts that he was substantially successful in his claim and that therefore he ought to have recovered the costs of the action. The claimant says that the judge erred in principle in only awarding him a small proportion of those costs.

Lord Justice Jackson :
32. I readily accept that the claimant cannot recover all of his costs for the litigation. He was unsuccessful in respect of the matters explored on the afternoon of 21 September and the matters argued in the written submissions thereafter. It seems to me that the proper approach to costs in this case, since this court must now re-exercise the original discretion, is that the claimant should recover his costs up to 12.15 pm on 21 September and the Secretary of State should recover costs thereafter.

33. An order in this form would be highly inconvenient for the costs judge and indeed for the parties dealing with the assessment of costs. I have therefore explored with counsel what proportionate order for costs would give effect in broad terms to a decision such as that which I have indicated. Mr Nathan, having taken instructions, submitted that the proper order for costs would be that the claimant should have 80 per cent of its costs. Miss Collier, on behalf of the Secretary of State, did not demur from that apportionment, should it turn out that the appeal succeeded.

34. Let me now draw the threads together. In my view the order for costs made by the judge at first instance cannot stand. If my Lady agrees, the appeal will be allowed and there will be an order that the claimant recovers 80 per cent of its costs in the court below.

35. I should add this: I have encountered a number of appeals in recent months where the Secretary of State, either having lost in court or having conceded before trial, nevertheless resists an adverse costs order. This may be because I get more than my fair share of costs cases. Cases of this nature really should not be coming to the Court of Appeal. If the Secretary of State were to accept a liability for costs in appropriate cases, much expense would be saved on both sides.

Lady Justice Black:
36. I agree with all that my Lord has said, subject just to one matter. If Miss Collier, dealing as she was at the time with my cross-examination very ably, omitted to say anything that she wanted to say with regard to the question of the percentage of the costs then I would certainly be prepared to listen to anything that she wanted to say about that.

Law to Silence Afghanistan Women Victims of Domestic Violence

A new law in Afghanistan could allow men to abuse their wives, children and sisters and not face criminal prosecution by banning the relatives of an accused person from testifying against them.

If passed, the bill would make it much more difficult for victims to bring cases of abuse to court which often happen as they most often occur within the confines of the family home, The Guardian has reported.

The small change to a section of the criminal code Prohibition of Questioning an Individual as a Witness would also prevent doctors, children and defence lawyers from testifying in a case.

The bill has been passed by both houses of Parliament but is awaiting the signature of the conservative President Hamid Karzai, who by choosing to sign it will bring it into force. Campaigners are now calling on Karzai to refuse to sign the bill they assert will weaken "already inadequate" legal protections for women.
Read more: Heather Saul, <> Indpendent, 05/02/13

Human Rights Bites - News & Views From RAPAR
1)There was a full house for RAPAR's public meeting commemorating Holocaust Memorial Day and dedicated to remembering the Romani victims of the Holocaust.

2) An interview with Mohammed Al Halengy, a RAPAR member and activist from eastern Sudan

3) Update on Manjeet Kaur Anti-Deportation Campaign

4) The word 'refugee' conjures up images of rows of tents, barefoot children and saddened faces. The reality is more complex. My research shows that Afghan refugees have developed lives alongside Pakistani nationals in Karachi's poor katchi abadi areas: marrying, working, loving and learning together.
And much, much more <> here . . . . .

Asylum Research Consultancy (ARC) COI Update Volume 72
This document provides an update of Country Guidance case law and UKBA publications and developments in refugee producing countries between 21st January and 3rd February 2014  - Volume 72  <>here . . .

UKBA: Country Information and Guidance: Kuwaiti Bidoon

This report is an example of a new approach to presenting country of origin information and guidance. Our intention is to test this proposed new design with users and gather your feedback. Our goal is to continuously improve the information and guidance we provide..

Feedback: We would like your views on the proposed new approach. If you would like to comment on the new format or have specific ideas, please email: cois@homeoffice.gsi.gov.uk, regarding country information, or CSL Team for guidance.

Published on Refworld: <> 04/02/14

Continuing Conflicts that Create Refugees - January 2014

12 actual or potential conflict situations around the world deteriorated and two improved in Jaunary 2014, according to CrisisWatch N°126

Deteriorated Situations: Afghanistan, Bangladesh, Egypt, Iraq, Kyrgyzstan, Lebanon, Libya, Nagorno-Karabakh (Azerbaijan), South Sudan, Tajikistan, Thailand, Ukraine

Download the full report: <>cw126.pdf

Afghanistan an attack on a popular Kabul restaurant killed at least 21 in the deadliest insurgent attack on foreign civilians since 2001. The last twelve months have seen a sharp increase in violence across the country (see our recent commentary). Taliban attacks continued throughout January, several targeting NATO bases and Afghan security personnel. Political tensions remained high as President Hamid Karzai continues to refuse to sign the Bilateral Security Agreement with the U.S.

Bangladesh the Awami League (AL) government conducted general elections on 5 January despite the boycott of the opposition Bangladesh National Party (BNP) and eighteen small parties. More than 20 were killed in election day violence and unrest continues. On 30 January the president of the opposition-aligned Islamist Jamaat-e-Islami party, Motiur Rahman Nizami, was sentenced to death for a 2004 arms smuggling case; in 2013, death sentences for Jamaat leaders for war crimes led to some of Bangladesh's worst political violence in decades.  

Egypt's interim government held a referendum on the amended constitution in mid-January, adding to the momentum of the current transition (see our recent commentary and briefing). The vote does nothing to address political polarisation, however, and signals a clear regression in democratic procedure compared with other polls since 2011 – in light of the lack of space for opponents of the amended constitution to campaign and the widening crackdown on activists even beyond supporters of the Muslim Brotherhood. The Supreme Council of the Armed Forces approved defence minister and army chief Field Marshal Abdelfattah el-Sisi to contest presidential polls now set to take place within three months, ahead of parliamentary elections.

Iraq's Anbar province jihadi militants from the Islamic State of Iraq and the Levant (ISIL) took advantage of the national army's withdrawal to seize key areas of Ramadi and Falluja on 1 January. Clashes between ISIL and government forces backed by local allies killed over 100 on 3 January, with more than 100,000 displaced during the month. After local tribes, clerics and former officers regained control of the city, the government made no distinction between local residents and militants, and announced Falluja to be in the hands of ISIL, calling for national and international support in the "war on terror". Bomb attacks continued across the country. (See Crisis Group's most recent report). 

Kyrgyzstan Tensions at Kyrgyz-Tajik border escalated as 11 Jan clashes between border forces left several guards on both sides injured, prompted both countries to send additional troops to area. Clashes reportedly broke out over Kyrgyzstan's construction of new road through disputed border territory in Ferghana Valley that would bypass Tajik enclave Vorukh. Kygyzstan reported Tajik border troops fired mortars, rocket-propelled grenades to hit transformer station, water pump inside Kyrgyz territory, claimed attack premeditated; Tajikistan alleged Kyrgyz border guards fired first.

Lebanon saw an escalation in attacks on Shia neighbourhoods by radical Sunni groups in retaliation for Hizbollah's military involvement in Syria, offering clear signs that some such groups, affected and emboldened by the Syrian conflict, are becoming more violent. (see our most recent report on Lebanon).

Libya, the targeted violence that until recently was limited to eastern Libya spread, with incidents reported across the country. Clashes between Tebu and Awlad Sulayman tribesmen in Sebha and Murzuq killed dozens. Political tensions mounted after a failed attempt to hold a no-confidence vote against Prime Minister Ali Zeidan and popular calls to dismiss Congress by 7 February. In the east the country's main oil export terminals remained closed as the federalist movement there grew increasingly assertive in the face of government pressure.

Nagorno-Karabakh The month saw fighting between Armenia and Azerbaijan along various front-line areas of Nagorno-Karabakh. The nature of the reported clashes and ominous statements by some government officials mark an escalation unprecedented in recent years. Both sides blamed each other for the uptick in violence. (See our recent briefing on Azerbaijan and Armenia) 

South Sudan's government late January announced treason charges against armed opposition leaders, including former Vice President Riek Machar, casting doubt on the viability of an already fragile ceasefire signed earlier in the month (see our recent commentary on the conflict). Sporadic clashes continued despite the accord, and both sides now accuse the other of violating the terms of the truce. The humanitarian situation also deteriorated, with the UN estimating that some 770,000 civilians have been displaced since late December. The African Union, responding to emerging reports of atrocities, confirmed its commitment to investigating human rights abuses.

Tajikistan border guards launched an armed attack on Kyrgyzstan on 11 January, in the most serious incident on the Kyrgyz-Tajik border for years. Apparently angered by the construction of a new road that would bypass a Tajik enclave inside Kyrgyzstan, the Tajik side used mortars and rocket-propelled grenades to attack a transformer station and a water pump inside Kyrgyz territory. There were a number of injuries on both sides but no deaths.

Thailand's political turmoil intensified as the People's Democratic Reform Committee began a series of protests to "shut down Bangkok", stepping up efforts to overthrow Prime Minister Yingluck Shinawatra's caretaker government and force cancellation of the general election scheduled for 2 February. As protest-related violence increased the government imposed a state of emergency in Bangkok and surrounding provinces, but this did not deter protesters from forcibly preventing advance voting in Bangkok and several southern provinces. Further violence is anticipated on election day. (See Crisis Group's Conflict Alert and recent commentary.)

Ukraine a violent crackdown on anti-government protests led to a standoff between President Viktor Yanukovych's government and what appears to be an increasingly empowered opposition protest movement. On 28 January the government resigned and Yanukovych offered an amnesty to protesters provided they vacate the government buildings they have occupied in Kiev and other cities. The opposition has rejected the terms of the amnesty and called for Yanukovych's resignation, snap elections and changes to the constitution. Amid international condemnation of violence and calls for dialogue there is concern over the role of extreme right elements in the protest movement.

Unchanged Situations
Algeria, Armenia, Azerbaijan, Bahrain, Burundi, Cameroon, Central African Republic, Chad, China/Japan, Colombia, Côte d'Ivoire, Cyprus, DR Congo, Ethiopia, Georgia, Guatemala, Guinea, Guinea-Bissau, India (non-Kashmir), Indonesia, Iran, Israel-Palestine, Kashmir, Kazakhstan, Kenya, Korean Peninsula, Kosovo, Madagascar, Mali, Mauritania, Mexico, Morocco, Mozambique, Myanmar, Myanmar/Burma, Nepal, Niger, Nigeria, North Caucaus (Russia), Pakistan, Rwanda, Somalia, Somaliland, Sri Lanka, Sudan, Syria, Turkey, Uganda, Uzbekistan, Venezuela, Yemen, Zimbabwe

Improved Situations: Philippines, Tunisia
Tunisia's new constitution, the most secular democratic constitution in the Arab world, was signed into law after passing a National Assembly vote. The breakthrough agreement effectively ended a protracted political crisis, though challenges remain (see Crisis Group's recent report). A new technocratic government has now been formed to take the country to new elections. In early January an electoral commission was appointed by the Constitutional Assembly after months of wrangling.

Philippines government and the Moro Islamic Liberation Front (MILF) announced they had reached agreement on the fourth and final annex of their October 2012 Framework Agreement for Muslim-majority areas in the south. The annex on normalisation of security includes the disarming of the roughly 11,000-strong rebel force and creation of a security force for the area. It paves the way for a comprehensive peace agreement to end over four decades of violent conflict. (See our most recent report on the Philippines).

February 2014 Outlook

Conflict Risk Alert: South Sudan, Thailand

[Britain remains blind to the reasons why threatened minorities and activists are forced to flee hostile regimes, treating those who seek asylum with hostility and disdain. We must recognise the bravery of those who want for their country the freedoms we take for granted.]

UK: Life In Limbo For Sudanese Democracy Activists
Sudanese dissidents escaping one of the world's most brutal regimes have been among the victims of what has become known as the UK's 'hostile environment'. This environment is named after a Government Committee which explicitly sought to make circumstances more difficult for immigrants (including asylum seekers). Like other asylum seekers, Sudanese dissidents can face years of legal limbo once they reach the UK. They are denied the right to work, and many live in destitution, waiting for years for their cases to be reviewed by the Home Office. The Conservative-Liberal Democrat coalition government's immigration legislation, including the restriction of legal aid for judicial review, will make their future even more uncertain.

For most of Sudan's troubled history since its independence from Britain in 1956, individuals from ethnic minorities have been persecuted by Khartoum's Islamist elite. Drawn from three Nilotic groups self-identifying as Arab, the elite have tried to create an Arab and Muslim state. In doing so, more than two million non-Arabs in what was the south of Sudan are thought to have died, as have hundreds of thousands in Darfur and the Nuba Mountains. The regime-sponsored violence continues to this day, with the systematic aerial bombardment of villages in Darfur, South Kordofan and Blue Nile states. Given the extent of intermarriage, attempts to create a homogeneous population are absurd. Yet, central to the regime's aims is the elimination of dissent in areas which are marginalized from its centralizing power and lack the wealth of Khartoum.

Read more: Open Democracy <>03/02/14

Iraq Illegally Detains Thousands Of Women, Tortures Many
Baghdad, Iraqi authorities are detaining thousands of women illegally and subjecting many to torture and ill-treatment, including the threat of sexual abuse, Human Rights Watch said in a report published on Thursday.

Many women were detained for months or even years without charge before seeing a judge, HRW said, and security forces often questioned them about their male relatives' activities rather than crimes in which they themselves were implicated.

In custody, women described being kicked, slapped, hung upside-down and beaten on the soles of their feet, given electric shocks, threatened with sexual assault by security forces during interrogation, and even raped in front of their relatives and children.
Read more: Reuters - <>Thu, 6 Feb 2014

Afghanistan: Women [Hard Won Gains Made Are Fragile]

Baroness Kinnock of Holyhead to ask Her Majesty's Government what assessment they have made of the safety and security of Afghan women, in particular of the effectiveness of the implementation of legislation on the elimination of violence against women in Afghanistan.[HL4989]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): Implementation of the Afghan Elimination of Violence Against Women (EVAW) law was specifically included in the Tokyo Mutual Accountability Framework (TMAF), agreed at the 2012 Tokyo Development Conference. The Joint Coordination Monitoring Board, attended by Afghan and international officials, as well as Presidential candidates, took place on 29 January and was an important milestone for both assessing progress against the TMAF, including the EVAW law, and identifying forward looking priorities for the next Afghan Government. A report on the implementation of the EVAW law is currently being prepared by the Government of Afghanistan. The UK will co-chair the Ministerial review against the TMAF, which will take place three to six months after the formation of the new government this year, and will have a key role in ensuring that commitments made are met.

The position of women in Afghan society has improved over the past 10 years but Afghanistan is still one of the worst countries in the world to be a woman, and the hard won gains made are fragile. The UN Mission to Afghanistan conducts an annual assessment of implementation of the EVAW law. Their report in December last year recognised some progress has been made in the reporting of incidents but that prosecutions and convictions remain low. In our work with Afghan ministries and institutions we continue to mainstream gender issues. We are increasing the awareness and accountability of Afghan police on the protection of women's rights so they are better protected during everyday life. We are also working to support women's inclusion in the security forces by providing training for female officer recruits at Afghanistan's National Officer Academy. In addition, the Department for International Department's (DFID) future support to the Ministry of Interior will focus more strongly on promoting the role of women in policing and on the capability of the police to increase awareness of, and enforce, the EVAW Law. DFID's new £3m programme to strengthen women's access to justice in up to six provinces will include training formal and community-based justice sector actors on the EVAW law.

House of Commons: <> 4 Feb 2014 : Column WA24

Afghan Wins Refuge From Daily Express

The business of the law can tend to harden the heart – but every now and then a case comes along that drives off the spectre of compassion fatigue. This was the effect of a recent libel claim in which I obtained substantial damages and published apologies for a 20-year-old Afghan refugee, Abdul Shizad, who – despite being entirely alone in the UK and having limited English – had the courage to sue the Daily Express, which had falsely accused him of being a "Taliban Suspect".
Read more: Athalie Matthews, UK Human Rights Blog, 04/02/14

Early Day Motion 1031: Current Situation In Bangladesh
That this House notes that the 10th parliamentary elections in Bangladesh were held on 5 January 2014 and that over half of constituencies went uncontested; is deeply concerned about the levels of violence and instability surrounding the election; urges the UK Government to explore every available option to encourage dialogue between the opposing parties; calls for international bodies to apply pressure on opposing parties to resolve this situation at the earliest opportunity; condemns the violence, political harassment and arbitrary confinement; further notes with concern the effect the upheaval is having on the garment industry, which accounts for 80 per cent of Bangladesh's exports; and further urges leaders of all parties to find a way forward to make sure the people of Bangladesh can participate in a peaceful, inclusive, free and fair election which meets international standards.

Sponsors: Main, Anne/ Russell, Bob / Cunningham, Jim / Bottomley, Peter
House of Commons: 03.02.2014

Children in Detention December 2013

A total of 24 children were detained in December 2013, 13 were detained in Tinsley House IRC on arrival in the UK and 11 were detained pending deportation in the Cedars.

Garden Court Chambers - Immigration Law Bulletin – Issue 357

ILPA's Immigration Update no.57 and three new Information Sheets

· <> Update 57
· Information Sheet: <> Draft Modern Slavery Bill
· Information Sheet: <>Charging Migrants for Healthcare
· Information Sheet: <> Dublin III Regulation

Kind regards, Shauna Gillan, Legal Officer, ILPA