Domestic Violence and Refugee Spouses

By on August 8, 2016

It is recognised that a foreign national spouse who has suffered domestic violence during the “probationary periods” of leave had a stark choice. Either she left the relationship and faced removal because the relationship were no longer subsisting, or she stayed in the abusive relationship until she can apply for indefinite leave to remain. However, in 1999 a concession was introduced. By virtue of this concession the applicant required instead of completing a probationary period to prove that they were the victim of domestic abuse. The Domestic Violence concession originally imposed stringent evidential requirements on applicants seeking to take advantage of it. They had to produce either an injunction or conviction or a police caution. In 2002 the evidential requirements were relaxed and the concession became part of the Rules themselves....

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Case Study: Seeking Asylum for a victim of the war in Syria

By on February 26, 2014

Our client is a 19 year old who was arrested by the Syrian authorities for acting as a journalist for the opposition. He was detained for many months in Syria and during his detention he was tortured and ill-treated. He left Syria on 10th June 2013, travelled to Jordan and then to Egypt and from Egypt he travelled on a small boat with about 60 people.  The boat sank, but he survived and made his way to Italy. After arriving in Europe in Italy, he travelled to the UK where he claimed asylum in August 2013....

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MD (Same sex males and risk) India 2014

By on February 14, 2014

Section 377 of the Indian Penal Code 1860 criminalises same sex sexual activity.  On 2nd July 2009 the Delhi High Court declared section 377 Indian Penal Code to be in violation of the Indian Constitution in so far as it criminalises consensual sexual acts between adults in private.  However, in a Judgement of 11th December 2013 the Supreme Court found the declaration of the Delhi High Court to be legally unsustainable....

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Third Country Removal Supreme Court Decision in EM (Eritrea)

By on February 6, 2014

This judgement was handed down on 19th February 2014 and the question was whether an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which he or she first sought or was granted asylum) required to establish that there is in Italy “systematic deficiencies in the asylum procedure and in the reception conditions of asylum seekers which amounts to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhumane or degrading treatment....

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