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Deportation

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

2017

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.

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

2017

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.

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

2017

In the matter of an application by Chilinda Fula for judicial review [2017] NIQB 11

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Deportation, ECHR Art. 8
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Unlawful to discriminate against offenders who are labelled foreign nationals because their parents did not marry

2016

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. 

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Criminal Law, Deportation
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European Court finds that UK breaches right to liberty due to six-month delay

2016

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.

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Deportation, ECHR Art. 5, Right to Liberty
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