https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Mon, 06 Jan 2025 15:10:11 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://freemovement.org.uk/wp-content/uploads/2022/07/cropped-Goose-logo-32x32.png https://freemovement.org.uk 32 32 https://freemovement.org.uk/two-recent-strasbourg-cases-on-family-life-between-adults/?utm_source=rss&utm_medium=rss&utm_campaign=two-recent-strasbourg-cases-on-family-life-between-adults https://freemovement.org.uk/two-recent-strasbourg-cases-on-family-life-between-adults/#respond Tue, 07 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218111 The European Court of Human Rights in Strasbourg handed down judgment in two separate cases in December addressing the subject of family life between adult family members outside the “core” nuclear family of spouses, partners, parents and minor children. The court confirms that “additional elements of dependence, involving more than normal emotional ties” are necessary […]]]> https://freemovement.org.uk/two-recent-strasbourg-cases-on-family-life-between-adults/feed/ 0 https://freemovement.org.uk/states-cannot-refuse-asylum-claims-by-lgbtqi-people-based-on-the-discretion-test-alone/?utm_source=rss&utm_medium=rss&utm_campaign=states-cannot-refuse-asylum-claims-by-lgbtqi-people-based-on-the-discretion-test-alone Thu, 28 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216749 In M.I. v. Switzerland – 56390/21 (Article 3 – Prohibition of torture : Third Section) [2024] ECHR 862 the European Court of Human Rights has said that failure to properly assess the risk of ill treatment of an LGBTQI+ person in their country of origin and whether state protection was available will breach article 3 […]]]> https://freemovement.org.uk/spain-ordered-to-pay-compensation-for-failures-in-trafficking-case/?utm_source=rss&utm_medium=rss&utm_campaign=spain-ordered-to-pay-compensation-for-failures-in-trafficking-case Fri, 18 Oct 2024 07:30:00 +0000 https://freemovement.org.uk/?p=215050 Spain has been ordered by the European Court of Human Rights to pay a Nigerian woman €15,000 in damages as compensation for failures relating to the investigation of allegations that she was trafficked to Spain for forced prostitution. The case is T.V. v. Spain (application no. 22512/21) and although the UK was not on the […]]]> https://freemovement.org.uk/asylum-in-the-european-courts-a-case-roundup/?utm_source=rss&utm_medium=rss&utm_campaign=asylum-in-the-european-courts-a-case-roundup Mon, 23 Jan 2023 10:00:00 +0000 https://env-7121714.mightybox.site/?p=177796&preview=true&preview_id=177796 Asylum procedure in Europe has been examined in three recent decisions. In two, the European Court of Human Rights found actual or imminent violations of Article 3 of the European Convention on Human Rights. In the other, the Court of Justice of the European Union considered the proper interpretation of ‘political opinion’ as a reason […]]]> https://freemovement.org.uk/greek-pushback-operation-violated-right-to-life-of-11-people-drowned/?utm_source=rss&utm_medium=rss&utm_campaign=greek-pushback-operation-violated-right-to-life-of-11-people-drowned Wed, 13 Jul 2022 09:15:00 +0000 https://env-7121714.mightybox.site/?p=168454 The European Court of Human Rights has concluded that a maritime pushback operation conducted by Greek coastguards in 2014 violated the right to life of the 11 people who drowned in the process. The case is Safi and Others v Greece (application no. 5418/15). The human rights breaches didn’t stop there, though. Those who survived […]]]> https://freemovement.org.uk/european-court-of-human-rights-considers-fairness-of-remote-hearings/?utm_source=rss&utm_medium=rss&utm_campaign=european-court-of-human-rights-considers-fairness-of-remote-hearings Mon, 20 Dec 2021 08:30:00 +0000 https://env-7121714.mightybox.site/?p=162130 In the case of Jallow v Norway (application no. 36516/19), the European Court of Human Rights looked at what is quite a familiar and popular topic at present: the fairness of conducting hearings remotely. In this case, the court found that the remote hearing had not violated the applicant’s Article 6 (right to a fair […]]]> https://freemovement.org.uk/stripping-someone-of-refugee-status-doesnt-mean-they-can-be-deported/?utm_source=rss&utm_medium=rss&utm_campaign=stripping-someone-of-refugee-status-doesnt-mean-they-can-be-deported Wed, 21 Apr 2021 07:00:00 +0000 https://env-7121714.mightybox.site/?p=152260 The European Court of Human Rights in K.I. v France (application no. 5560/19) has re-affirmed that refugee status is declaratory and revocation of a person’s refugee status under French and EU law does not prevent that person from continuing to be a refugee under the Refugee Convention. Authorities revoking someone’s refugee status therefore need to […]]]> https://freemovement.org.uk/human-rights-court-criticises-cps-for-prosecuting-trafficking-victims/?utm_source=rss&utm_medium=rss&utm_campaign=human-rights-court-criticises-cps-for-prosecuting-trafficking-victims Tue, 16 Feb 2021 13:15:30 +0000 https://env-7121714.mightybox.site/?p=147814 The European Court of Human Rights has looked for the first time at when the prosecution of a human trafficking victim might violate Article 4 of the Convention. In VCL and AN v United Kingdom (application nos. 77587/12 and 74603/12), it sharply criticises the Crown Prosecution Service for prosecuting victims of trafficking. Both applicants had […]]]> https://freemovement.org.uk/minor-offence-can-trigger-deportation/?utm_source=rss&utm_medium=rss&utm_campaign=minor-offence-can-trigger-deportation Thu, 21 Jan 2021 11:00:54 +0000 https://env-7121714.mightybox.site/?p=145709 The European Court of Human Rights has confirmed that the final offence committed by someone before deportation action is taken against them does not need to be particularly significant if they have a history of serious offending. In Munir Johanna v Denmark (application no. 56803/18) and Khan v Denmark (application no. 26957/19) the court has confirmed the […]]]> https://freemovement.org.uk/uk-breached-european-convention-in-deporting-man-without-proper-human-rights-assessment/?utm_source=rss&utm_medium=rss&utm_campaign=uk-breached-european-convention-in-deporting-man-without-proper-human-rights-assessment Wed, 25 Nov 2020 15:45:38 +0000 https://env-7121714.mightybox.site/?p=141747 It’s rare to get a slobber-knocker of a case from the European Court of Human Rights like Unuane v The United Kingdom (application no. 80343/17). The court unanimously found that the UK’s supposedly Article 8 compliant deportation rules don’t preclude judges from following the correct approach to assessing the proportionality of deportation, and that the […]]]> https://freemovement.org.uk/deporting-gay-asylum-seeker-a-violation-of-article-3-human-rights-court-finds/?utm_source=rss&utm_medium=rss&utm_campaign=deporting-gay-asylum-seeker-a-violation-of-article-3-human-rights-court-finds Thu, 19 Nov 2020 15:00:04 +0000 https://env-7121714.mightybox.site/?p=141187 In B & C v Switzerland (application no. 43987/16 and 889/19) the European Court of Human Rights has unanimously held that the deportation of asylum seekers to countries where they risk persecution for their sexual orientation would violate the Article 3 prohibition on torture and inhuman or degrading treatment under the European Convention on Human […]]]> https://freemovement.org.uk/strasbourg-removal-of-asylum-seeker-despite-court-order-breached-article-3/?utm_source=rss&utm_medium=rss&utm_campaign=strasbourg-removal-of-asylum-seeker-despite-court-order-breached-article-3 Tue, 03 Nov 2020 11:00:00 +0000 https://env-7121714.mightybox.site/?p=139449 The European Court of Human Rights has held unanimously that the removal of a Sudanese man by the Belgian authorities – in breach of a court order – violated his rights under Article 3 and 13 of the European Convention on Human Rights. The case involved remarkable procedural defects, including problems with access to a lawyer […]]]> https://freemovement.org.uk/strasbourg-reiterates-importance-of-access-to-justice-in-national-security-deportation-cases/?utm_source=rss&utm_medium=rss&utm_campaign=strasbourg-reiterates-importance-of-access-to-justice-in-national-security-deportation-cases https://freemovement.org.uk/strasbourg-reiterates-importance-of-access-to-justice-in-national-security-deportation-cases/#comments Thu, 22 Oct 2020 08:52:10 +0000 https://env-7121714.mightybox.site/?p=138492 Imagine being accused of a crime. Now imagine you’re not told what that crime is. Then imagine a whole trial taking place without you being told what you’ve done and without you seeing any documents to prove it. Every time the top-secret evidence about you comes up, you and your lawyer are told to leave […]]]> https://freemovement.org.uk/strasbourg-reiterates-importance-of-access-to-justice-in-national-security-deportation-cases/feed/ 1 https://freemovement.org.uk/human-rights-court-approves-deportation-of-man-who-arrived-aged-four/?utm_source=rss&utm_medium=rss&utm_campaign=human-rights-court-approves-deportation-of-man-who-arrived-aged-four https://freemovement.org.uk/human-rights-court-approves-deportation-of-man-who-arrived-aged-four/#comments Tue, 11 Aug 2020 06:30:00 +0000 https://env-7121714.mightybox.site/?p=132539 In Pormes v The Netherlands (application no. 25402/14), the European Court of Human Rights has approved the deportation of a man who had lived in the Netherlands between the ages of four and 29, on the basis of multiple convictions for indecent assault.  Mr Pormes had a troubled upbringing. He arrived from Indonesia when he […]]]> https://freemovement.org.uk/human-rights-court-approves-deportation-of-man-who-arrived-aged-four/feed/ 1 https://freemovement.org.uk/forced-prostitution-falls-within-article-4-says-european-court-of-human-rights/?utm_source=rss&utm_medium=rss&utm_campaign=forced-prostitution-falls-within-article-4-says-european-court-of-human-rights Mon, 06 Jul 2020 09:20:00 +0000 https://env-7121714.mightybox.site/?p=129712 S.M. v Croatia (application no. 60561/14) is an odd case to read. It is very long, running to 356 paragraphs and several concurring judgments, and refers to a wide variety of international law sources. But its conclusion is straightforward: forced prostitution falls within the scope of Article 4 of the European Convention on Human Rights, […]]]> https://freemovement.org.uk/worrying-strasbourg-decision-on-sending-asylum-seekers-back-to-sudan/?utm_source=rss&utm_medium=rss&utm_campaign=worrying-strasbourg-decision-on-sending-asylum-seekers-back-to-sudan Tue, 16 Jun 2020 07:00:00 +0000 https://env-7121714.mightybox.site/?p=127499 In SA v The Netherlands (application no. 49773/15), the European Court of Human Rights has issued a judgment which should concern those representing Sudanese asylum seekers. It is not a Grand Chamber decision and the main point of contention was the credibility of the applicant, but nonetheless it suggests that the court is becoming more […]]]> https://freemovement.org.uk/strasbourg-approves-deportation-of-dutch-born-man-from-the-netherlands/?utm_source=rss&utm_medium=rss&utm_campaign=strasbourg-approves-deportation-of-dutch-born-man-from-the-netherlands Tue, 09 Jun 2020 07:00:00 +0000 https://env-7121714.mightybox.site/?p=126929 Chucking people out of a country they were born in is hard. It usually takes something pretty dramatic or pretty terrible — or both, as in the case of Azerkane v The Netherlands (application no. 3138/16). The facts Mr Azerkane was born in the Netherlands to Moroccan parents. His parents and five of his siblings […]]]> https://freemovement.org.uk/no-european-convention-on-human-rights-jurisdiction-over-humanitarian-visa-refusal/?utm_source=rss&utm_medium=rss&utm_campaign=no-european-convention-on-human-rights-jurisdiction-over-humanitarian-visa-refusal Thu, 04 Jun 2020 09:15:00 +0000 https://env-7121714.mightybox.site/?p=126946 The European Court of Human Rights has declined an invitation to extend the jurisdiction of the Convention to cover applications made for a visa to enter a given country and claim asylum. In M.N. and Others v. Belgium (application no. 3599/18), the Strasbourg court ruled that an application brought by a Syrian family living in […]]]> https://freemovement.org.uk/ten-minute-asylum-interview-enough-to-meet-echr-obligations-before-removal/?utm_source=rss&utm_medium=rss&utm_campaign=ten-minute-asylum-interview-enough-to-meet-echr-obligations-before-removal Tue, 07 Apr 2020 09:30:16 +0000 https://env-7121714.mightybox.site/?p=122164 In Asady and Others v Slovakia (application no. 24917/15) the European Court of Human Rights has delivered another judgment that will gratify governments seeking to use summary removal to get rid of asylum seekers. The decision continues the court’s retreat over the interpretation of Article 4 of the Fourth Protocol to the European Convention on […]]]> https://freemovement.org.uk/afghan-sikhs-european-court-of-human-rights/?utm_source=rss&utm_medium=rss&utm_campaign=afghan-sikhs-european-court-of-human-rights Thu, 05 Mar 2020 12:15:00 +0000 https://env-7121714.mightybox.site/?p=119669 The Sikh community in Afghanistan used to be a sizeable religious minority within that country, but the effect of persecution over the past 30 years has meant that 99% have now emigrated. The United Nations and other international observers estimate that there may be only 1,000 Sikhs left in Afghanistan, primarily in Kabul. Nevertheless, the […]]]>