No-Deportations - Residence Papers for All

                               News & Views Monday 16th February to Sunday 22nd February 2015

Asylum Policy Instruction: Assessing Credibility and Refugee Status
Purpose of Instruction: This instruction provides guidance to caseworkers responsible for deciding asylum claims in accordance with the United Kingdom's obligations under the 1951 United Nations Convention relating to the Status of Refugees and the 1967 Protocol ('the Refugee Convention'), and the European Convention on Human Rights ('the ECHR').

The instruction provides specific guidance on: A structured approach to assessing credibility following investigation of the claimant's personal circumstances and reasons for the asylum claim (Sections 4 – 5);

Assessing whether the claimant has a well-founded fear of persecution and qualifies for recognition as a refugee under the Refugee Convention (Sections 6 – 10).

It must be read with the guidance on Conducting the Asylum Interview and other detailed guidance on the consideration of protection needs, in particular Further Submissions, Gender Issues in the asylum claim, Gender Identity Issues in the Asylum Claim, Sexual Orientation Issues in the Asylum Claim.

If the claimant's fear is for reasons outside the Refugee Convention, there is separate guidance on eligibility for Humanitarian Protection (also known as subsidiary protection). If the claimant does not have protection needs, caseworkers must consider any human rights issues, as set out in the separate guidance on Family Leave and, outside the Immigration Rules, on Discretionary Leave.

Published on Refworld 18/02/15
http://www.refworld.org/docid/54e487b14.html


France: Persistent Discrimination Endangers Human Rights
Despite advances in legislation and measures to combat intolerance and racism, discrimination and hate speech not only persist in France but are on the rise. There is an urgent need to combat this in a sustained and systematic manner, Nils Mui~nieks, the Council of Europe Commissioner for Human Rights, said today, publishing the report on his visit to France from 22 to 26 September 2014. In this report, the Commissioner addresses issues of intolerance, racism, and respect for the human rights of migrants, Travellers, Roma and persons with disabilities.

In recent years, there has been a huge increase in antisemitic, anti-Muslim and homophobic acts. In the first half of 2014 alone, the number of antisemitic acts virtually doubled, while the number of Jews leaving France for Israel tripled compared with 2012, which is a telling indication of their feeling of insecurity. The rising number of anti-Muslim acts, 80% of which are carried out against women, and homophobic acts, which occur once every two days, is also cause for great concern. It is essential to put an end to such acts, including on the Internet, and to punish those responsible.

The Commissioner welcomes France s sound legal and institutional framework for combating racism and discrimination and urges the authorities to continue to fight resolutely against these phenomena. To this end, it would be helpful to give full effect to the criminal law provisions recognising testing as evidence of discriminatory conduct and to include the fight against discrimination in a national plan to promote and protect human rights. Ratifying Protocol No. 12 to the European Convention on Human Rights on the general prohibition of discrimination would also help to further strengthen the legal framework.
Read more: Council of Europe 18/02/15


UKHO CIG - Pakistan: Shia Muslims

Fear of persecution by the Pakistani authorities or by non state actors due to the person being a Shia Muslim.

This document provides guidance to Home Office decision makers on handling claims made by nationals/residents of – as well as country of origin information (COI) about – Pakistan. This includes whether claims are likely to justify the granting of asylum, humanitarian protection or discretionary leave and whether – in the event of a claim being refused – it is likely to be certifiable as 'clearly unfounded' under s94 of the Nationality, Immigration and Asylum Act 2002.

Published on Refworld, 18/02/15
http://www.refworld.org/docid/54e46a934.html


UKHO CIG - Pakistan: Christians and Christian Converts

Fear of persecution by the Pakistani authorities or by non state actors due to the person being a Christian. This includes those who have converted to Christianity.

This document provides guidance to Home Office decision makers on handling claims made by nationals/residents of – as well as country of origin information (COI) about – Pakistan. This includes whether claims are likely to justify the granting of asylum, humanitarian protection or discretionary leave and whether – in the event of a claim being refused – it is likely to be certifiable as 'clearly unfounded' under s94 of the Nationality, Immigration and Asylum Act 2002.

Published on Refworld, 18/02/15
http://www.refworld.org/docid/54e46a374.html


H, R (on the application of) v SSHD

[2015] EWHC 377 (Admin) (19 February 2015)

[Effect of the alleged flaws in the DFT processes as applied to the Claimant's case]

1) In this matter the Claimant , by Amended Detailed Grounds of 14th November 2014, seeks the following relief

i) a declaration that his removal from the United Kingdom by the Defendant was unlawful;

ii) a declaration that his detention was unlawful from 24th June 2014 until 19th August 2014;

iii) damages for his unlawful detention and removal;

iv) an order requiring the Defendant to return him to the United Kingdom.

2) Given the circumstances which are alleged justify the Claimant's claim for asylum, I shall refer to him as H. I shall deal with the matter under the following heads

i) Chronology in brief

ii) Overview of the respective cases

iii) The Detention Fast Track system and the Detention Action litigation

iv) History of the Claimant's detention and of his claim for asylum

v) The cases before the Court

vi) Ground 1; was the removal on 19th August 2014 unlawful?

vii) Ground 2: was the Claimant's detention unlawful?

viii) What relief should be given?

a) Damages for unlawful detention and their measure

b) Exercise of discretion as to removal

c) Should the Court order that the Claimant be returned?

It should be noted that under section (viii) I shall consider the effect of the alleged flaws in the DFT processes as applied to the Claimant's case.

197) I therefore order that

i) there is a declaration that the Claimant's removal from the United Kingdom on 19th August 2014 was unlawful;

ii) the Defendant must take all reasonable measures to procure the return to the United Kingdom of the claimant and upon his being back in the United Kingdom the Secretary of State will need to make a further decision on any application by the Claimant for asylum

iii) the Defendant pay damages to the Claimant for his unlawful detention from 24th June 2014 to 19th August 2014, to be assessed on the following basis

a) until 7th August 2014 on the basis that he was unlawfully detained;

b) from 7th August 2014 on the basis that he was unlawfully detained, but on a nominal basis only;

iv) the issue of the quantum of damages is referred to a Master of the Queens Bench Division for assessment in accordance with the terms of this judgment, and for any directions on that issue.

http://www.bailii.org/ew/cases/EWHC/Admin/2015/377.html


 

Children's Rights in Return Policy and Practice in Europe
A discussion paper on the return of unaccompanied and separated children to institutional reception or family. The United Nations Children's Fund (UNICEF) is concerned that Government efforts to scale up returns of unaccompanied and separated children may lead to protection gaps for these children and give insufficient consideration to their rights and best interests. The authors of this discussion paper conclude that relevant policy approaches remain fragmented and do not address all relevant aspects of the return of unaccompanied and separated children: Best Interests Determinations are not undertaken systematically; relevant best interests considerations are not routinely accounted for in the documentation of decision making processes; family tracing may be undertaken without proper regard for potential risks or best interests considerations; and the practice of returns to institutional reception facilities remains insufficiently sensitive to the potential risks entailed for concerned children, including through the children's possible disappearance from facilities.
Publisher: UN Children's Fund (UNICEF), download full report <>here . . . .


Stand in Solidarity With Migrants & Asylum Seekers

UK Border Agency Reporting Centre
Monday 23rd February at 12:00–13:30
Waterside Court, 471 Kirkstall Road, LS4 2QB

Join us for our monthly protest. We stand in solidarity with migrants & asylum seekers everywhere. We call for freedom of movement for everyone. No to racist immigration controls! No borders, no nations, stop deportations! Asylum seekers must sign here either weekly, monthly or every 2 months and for many people there is a real fear of being detained so each visit is loaded with anxiety.

Why protest? -Show solidarity with people going in to sign. ..it's a horrible experience and most people are liable to be detained at any time so each visit is filled with anxiety. we try to give a friendly welcome to people before they go in and offer them a leaflet with our phone number in case anything goes wrong.
Organized by Leeds No Borders, <leedsnoborders@riseup.net>


Afghanistan: UN Report Protection of Civilians in Armed Conflict
"The conflict took an extreme toll on civilians in 2014. Mortars, IEDs, gunfire and other explosives destroyed human life, stole limbs and ruined lives at unprecedented levels. The thousands of Afghan children, women and men killed and injured in 2014 attest to failures to protect civilians from harm. All parties must uphold the values they claim to defend and make protecting civilians their first priority."

"This annual report shows once again the unacceptable price that the conflict is exacting on the civilian population in Afghanistan. Documenting these trends should not be regarded as a "body count", but as a vital step towards accountability. It is high time that States live up to their responsibility to protect civilians, and that perpetrators of war crimes and other violations understand that they will face justice for what they have done."

This annual report on the Protection of Civilians in Armed Conflict in Afghanistan for 2014 was prepared by the Human Rights Unit of the United Nations Assistance Mission in Afghanistan (UNAMA) and covers the period from 1 January to 31 December 2014.
Published on Refworld, <>18/02/15


UN Rights Chief Condemns Murder of 21 Coptic Christians in Libya
The United Nations High Commissioner for Human Rights said that the beheading of 21 Christian men in Libya was a Òvile crime targeting people on the basis of their religionÓ and urged Libyans to unite against extremists. ÒThe brutal murder of these men, and the ghastly attempt to justify and glorify it in a video, should be roundly condemned by everyone, in particular by the people of Libya who should resist the urgings of takfiri groups,Ó High Commissioner Zeid said, referring to the ideology where one believer apostasies another and then condemns them as impure. ÒMurdering captives or hostages is prohibited under international law and Islamic law.Ó

The mass beheading Ð of 20 Coptic Christians and apparently another Christian man Ð took place against the backdrop of increasing lawlessness in Libya as armed conflict continues. ÒThis is not the first time that Coptic Christians have been targeted in Libya or elsewhere in the region,Ó said Mr. Zeid. ÒUN human rights staff have documented several incidents involving abductions of Egyptian Copts in Libya.Ó
Read more: UN News, <> 17/02/15


R (application of Weldegaber) v SSHD (Dublin Returns - Italy)

[application for permission to apply for judicial review dismissed]

1. Dublin cases require the Respondent to undertake a thorough and individuated examination of the situation and circumstances of the person concerned.

2. The European Court of Human Rights in Tarakhel v Switzerland [App.no. 29217/12 (GC)] was not purporting to promulgate a general rule or principle that a sending state is required to secure specific assurances from the destination state as to accommodation or the like.

3. In light of the considerable body of relevant background country information considered by the Respondent, it was open to her to find that there was neither systemic deficiency nor serious operational failure in the conditions prevailing in Italy for the reception, processing and treatment of asylum seekers.

1. This is a Dublin Regulation case. It is a renewed application for permission to apply for judicial review, in the wake of the refusal decision on the papers of Upper Tribunal Judge Freeman, dated 18 October 2014. The renewal application is stamped with the date of 28 October 2014. The Respondentsubsequently sought to remove the Applicant from the United Kingdom.This was prohibited by a stay order of this Tribunal, dated 15 December 2014. The underlying decision of the Respondent was to remove the Applicant to Italy for the purpose of processing and determining his asylum application.

Published on Bailii, 12/02/15


Last updated 21 February, 2015