Case Law

The issue in the case focuses on the Defendant's determination of whether the Claimant is a child, as the effect of such a finding has an impact on a number of aspects of how he will be treated within the United Kingdom. The precise terms of the issue are themselves disputed: (1) The Claimant submits that his case is a challenge to the lawfulness of the decision of the Defendant, on 11 June 2021 ["the June determination"], that he was not a child. (2) The Defendant argues that these proceedings are, in fact, about their refusal to reassess the 11 June determination at some later date.

17 February 2022 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Children-at-risk - Evidence (including age and language assessments / medico-legal reports) | Countries: South Sudan - United Kingdom of Great Britain and Northern Ireland

The determination of the First-tier Tribunal to dismiss the claimant’s appeal against the refusal of her asylum claim was reached by a process which was procedurally unfair as it did not give her sufficient opportunity to obtain evidence from Uganda to support her claim. The determination will be quashed and the defendant will be ordered to use his best endeavours to facilitate the return of the claimant to the United Kingdom to enable her to continue with her appeal. The claimant was lawfully detained from 21 July 2013 to 6 August 2013 and from 10 September 2013 until her removal to Uganda on 12 December 2013. The claimant was unlawfully detained from (and including) 6 August 2013 up to 10 September 2013.

24 June 2019 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Rule of law / Due process / Procedural fairness | Countries: Uganda - United Kingdom of Great Britain and Northern Ireland

i) an Order pursuant to s.4 Human Rights Act 1998 declaring that sections 20-37 of the Immigration Act 2014 are incompatible with Article 14 ECHR in conjunction with Article 8 ECHR; and 56 ii) An Order declaring that a decision by the Defendant to commence the Scheme represented by sections 20-37 of the Immigration Act 2014 in Scotland, Wales or Northern Ireland without further evaluation of its efficacy and discriminatory impact would be irrational and would constitute a breach of s. 149 Equality Act 2010.

1 March 2019 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Discrimination based on race, nationality, ethnicity - Housing, land and property rights (HLP) - Illegal immigrants / Undocumented migrants - Right to family life | Countries: United Kingdom of Great Britain and Northern Ireland

5 August 2016 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): 1951 Refugee Convention - Acts of persecution - Asylum-seekers - Refoulement - Safe third country | Countries: Hungary - Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

AH (Algeria) v. Secretary of State for the Home Department: Case for the Intervener

14 October 2015 | Judicial Body: United Kingdom: High Court (England and Wales) | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

12 June 2015 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Appeal / Right to appeal - Immigration Detention - Refugee status determination (RSD) / Asylum procedures | Countries: United Kingdom of Great Britain and Northern Ireland

31 March 2015 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Immigration Detention | Countries: China - United Kingdom of Great Britain and Northern Ireland

2 March 2015 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Opposition - Terrorism | Countries: Saudi Arabia - United Kingdom of Great Britain and Northern Ireland