Deportation

Depriving a suspected terrorist of his citizenship is ruled lawful under ECHR

K2 v the United Kingdom (application no. 42387/13)

The European Court of Human Rights (ECtHR) unanimously declared inadmissible, an application that decisions to deprive the applicant of British citizenship and exclude him from the UK, violated his rights under Articles 8 and 14 of the Convention.

Tags
Deportation

Asylum seeker fails to establish that time limits had expired following acceptance of ‘take back’ request

Mucaj, Re. Judicial Review [2017] CSOH 17

An asylum seeker was unsuccessful in his claim in the Scottish Courts that he could not be returned to Belgium under the Dublin III Regulations due to the failure of authorities to comply with time limits.

Tags
Deportation

High Court in Belfast dismissed application for judicial review of decision that asylum seeker would be deported pending appeal

Tags
Deportation, ECHR Art. 8

Unlawful to discriminate against offenders who are labelled foreign nationals because their parents did not marry

R (o.t.a. Johnson) v Secretary of State for the Home Department [2016] UKSC 56

The Supreme Court ruled that there was no justification for deporting someone who had committed a series of serious offences on the basis that he was a foreign national simply because his parents had never married. 

Tags
Criminal Law, Deportation

European Court finds that UK breaches right to liberty due to six-month delay

V.M. v the United Kingdom, Application No. 49734/12

The European Court of Human Rights found that part of an individual’s detention prior to deportation violated the right to liberty under Article 5 of the ECHR.  The applicant entered the UK illegally in 2003 with her son.  Shortly afterwards she was charged with and pleaded guilty to child cruelty.  She was granted bail after which she absconded for two years.

Tags
Deportation, ECHR Art. 5, Right to Liberty

The PILS Project
Community House | City Link Business Park | 6A Albert Street | Belfast BT12 4HQ
Tel 028 9099 4258 | info@pilsni.org