Zimbabwe’s brutal crackdown on protests and effect on UK based Zimbabwean protesters and activists

People were beaten. Some hunted and abducted. Others arrested and detained. Citizens were killed. Children taken and detained. Deliberate internet shutdown covered up a massive operation of repression.

 

These are the events which unfolded in Zimbabwe from 14th January 2019 running to several days as people in various parts of the world simply watched whilst others steadfastly turned a blind eye to the atrocities.

 

Zimbabwe’s authorities, via the police, army and other ZANU(PF) agents, treating its own citizens as enemies of the state, launched a brutal crackdown on those involved or perceived to have organised or taken part in the recent fuel protests.  Killing and other forms of ill-treatment were the authorities response to a long suffering nation that dared to express its discontentment with those supposed to lead and serve them.

 

Continue reading

Court of Appeal takes Tribunal Judges to school: Pay heed to importance of country guidance caselaw

It is most strange that it should staunchly be maintained before the Court of Appeal that Home Office Presenting Officers are aware of country guidance caselaw, yet a supposedly sufficiently experienced Home office Presenting Officer voluntarily made a concession that was inconsistent with relevant  country guidance caselaw with the result that, also placing  reliance upon that concession, an Upper Tribunal Judge allowed an appellant’s appeal.

 

Even stranger still is that it subsequently emerged that neither the Presenting Officer nor those that represented the Appellant had referred to nor relied upon applicable country guidance ceselaw in the Upper Tribunal.

 

 

Continue reading

Not yet time for Supreme Court to revisit criteria in Article 3 medical condition cases says Court of Appeal

MM (Malawi) & Anor v the Secretary of State for the Home Department [2018] EWCA Civ 2482 (09 November 2018) as recently decided in the Court of Appeal, is  largely a follow up and conclusion of that Court’s considerations following remittal of MM’s case to the Upper Tribunal as per MM (Malawi) & Anor, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1365 (12 June 2018).

 

Continue reading

New Iraq Country Information Notes: Current key considerations in claims for Humanitarian Protection

An updated Country Information Note on Iraq has now been published: Country policy and information note: security and humanitarian situation, Iraq, November 2018, Version 5.0, 19 November 2018.  This is to be considered in conjunction with the Note published last month: Country policy and information note: internal relocation, civil documentation and returns, Iraq, October 2018.

 

Relevant County Guidance caselaw and other   pertinent cases remain the following:

 

 

Relevant previous blog posts:

 

Continue reading

Straightjacket effect of MS(Pakistan): The problem of the First Tier Tribunal’s restricted approach to negative trafficking decisions

Would the Tribunal have found themselves in the straight jacket that the Court of Appeal has clothed it with had the Upper Tribunal not “exceeded it’s jurisdiction” or “ overreached itself” as concluded by the Court in The Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 594?

 

The appeal in MS in the Court of Appeal raised an issue of principle as to the jurisdiction of the First-tier Tribunal and the Upper Tribunal on a statutory appeal under section 84 of the Nationality, Immigration and Asylum Act 2002 Act to undertake an indirect judicial review of a negative trafficking decision made by the Secretary of State in that individual’s case. In that context, the appeal was noted to concern the scope and effect of the previous decision of the Court of Appeal in AS (Afghanistan) v Secretary of State for the Home Department [2013] EWCA Civ 1469.

 

Continue reading