G & H, R (on the application of) v Secretary of State for the Home Department  EWHC 239 was acknowledged by the Administrative Court to be “ one of those rare cases in which the court has given permission to proceed in an application for judicial review of an Upper Tribunal FTT permission refusal”. As was noted by the Court at paragraph 5 of their judgement, one of the features of the case was that the Secretary of State advanced contentions which, even though the claimant had satisfied the test identified in Cart and other procedural requirements in CPR 54.7A, would require the claimant to surmount a new substantive hurdle limiting the grounds upon which the High Court can grant judicial review.
Category Archives: Human Trafficking and Modern Slavery
Gender-Specific Persecution And Harmful Traditional Practices: Is There Some Chance of Obtaining Asylum in the UK By Reference to Applicable Caselaw?
Women seeking to claim protection in the United Kingdom arising out of forms of persecution that are gender – specific such as female genital mutilation, domestic violence, crimes of honour have to overcome several hurdles in order to obtain that protection in the UK.
Continue reading this Article where Alice provides an overview of the cases concerning Gender-Specific Persecution.
Are the Rights Afforded to Victims of Trafficking(and Modern Slavery) Illusory In Comparison To Those Applicable to Refugee Protection?
Recent changes in the law mean that in England and Wales, Competent Authority decision makers must decide whether, if someone is not a victim of trafficking ,they are nonetheless a victim of another form of modern slavery. Therefore in addition to victims of trafficking, Modern Slavery includes victims of slavery, victims of servitude and victims of forced or compulsory labour.