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EDAL case summaries

R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department, 2019

Country of Decision: United Kingdom
Country of Applicant: United Kingdom
Keywords: Discrimination, Effective access to procedures, Integration measures, Material reception conditions, Residence document, Visa, Vulnerable person

The High Court granted an order under section 4 of the Human Rights Act 1998 that the scheme of “Right to Rent” set out in sections 20-37 of the Immigration Act 2014 was incompatible with ECHR rights, along with a further order that it could not be extended beyond England without a further evaluation. 
Date: 01-03-2019

UK - R (on the application of Tigere) v Secretary of State for Business, Innovation and Skills 2015, 29 July 2015

Country of Decision: United Kingdom
Country of Applicant: Zambia
Keywords: Discrimination, Education (right to)

Tigere (T) appealed against a decision that the legislation which prevented her from obtaining a student loan was compatible with her human right to education under Article 2 Protocol 1 and Article 14 ECHR. To qualify for a loan, the legislation specified that a student had to (a) be settled (i.e. not subject to immigration laws/restrictions) in the UK when the academic year began; (b) be ordinarily resident in England; (c) been ordinarily resident (i.e. “lawfully”) in the UK for the three years before the start of the course; and (d) their residence in the UK under ‘(c)’ was not at any...
Date: 29-07-2015

UK - Supreme Court, 7 July 2010, HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31

Country of Decision: United Kingdom
Country of Applicant: Cameroon, Iran
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Discrimination, Non-state actors/agents of persecution, Persecution (acts of), Sexual orientation
Homosexuals are members of a particular social group being defined by the immutable characteristic of their sexuality.
 
Asylum should not be refused to a homosexual person on the basis that it could be considered reasonably tolerable, if returned to their home country, for him or her to deny their identity and conceal their sexuality in order to avoid being persecuted.
Date: 07-07-2010

UK - House of Lords, 18 October 2006, Fornah v. Secretary of State for the Home Department (linked with Secretary of State for the Home Department v. K) [2006] UKHL 46

Country of Decision: United Kingdom
Country of Applicant: Sierra Leone
Keywords: Refugee Status, Discrimination, Female genital mutilation, Gender Based Persecution, Inhuman or degrading treatment or punishment, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons

The case concerned a woman who feared return to Sierra Leone because she would face gender specific persecution in the form of Female Genital Mutilation (FGM).  The issue was whether she was entitled to recognition as a refugee because she feared persecution on account of her membership of a particular social group.  Her appeal was allowed on the basis that women in Sierra Leone and, alternatively, uninitiated women who had not been subjected to FGM in Sierra Leone, were particular social groups.
Date: 18-10-2006

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