England and Wales Case Law

Tomasz Sawicki v Circuit Law Court in Swidnica, Poland

Remand time accrued in the UK extinguished the penalties under AW2, requiring discharge on those warrants. However, the remaining custodial term under AW1 was substantial, and the interference with private and family life did not reach the threshold to outweigh the strong public interest in extradition. The judge's Article 8 conclusion was not wrong.

Source excerpt

• European arrest warrant
• Remand credit
• Multiple offences
• Article 8 echr
• Proportionality
• Fugitivity

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Nino Henriques Nunes v Secretary of State for the Home Department

The Secretary of State misapplied the Discretionary Leave Policy transitional arrangements by retrospectively applying criminality thresholds to the Claimant, who was granted DL before 9 July 2012. The correct interpretation is that pre-July 2012 applicants should normally be dealt with under the earlier policy unless they fall within restricted leave or there is a material change of circumstances. The SSHD's application of the new criminality thresholds was unlawful in this context.

Source excerpt

• Indefinite leave to remain
• Discretionary leave policy
• Criminality thresholds
• Transitional arrangements
• Article 8 echr
• Article 14 echr

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MXV, R (on the application of) v The Secretary of State for Home Department

The Secretary of State did not breach Article 3 ECHR operational or systems duties, as all reasonable steps were taken to facilitate clinical assessment and treatment for HIV in detention. Detention was lawful under Hardial Singh principles and Article 5 ECHR until 1 June 2024, but became unlawful thereafter due to lack of realistic prospect of removal within a reasonable period following relisting of the appeal. The Secretary of State did not fail to comply with published policies or commit public law errors.

Source excerpt

• Immigration detention
• Article 3 echr
• Article 5 echr
• Hardial singh principles
• Adults at risk policy
• Hiv treatment in detention

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GRT v Ministry of Justice, Republic of Albania

The DJ was entitled to reject the appellant's account and Dr Cohen's evidence, given inconsistencies and lack of corroboration. The CPT report did not establish a strong enough case to rebut the presumption of adequate treatment or demonstrate a real risk of inhuman or degrading treatment in Albanian prisons. Updated medical evidence did not show a diagnosis or treatment need beyond anxiety and depression manageable in general custody. The high threshold for bars to extradition under sections 87 and 91 was not met.

Source excerpt

• Article 3 echr
• Mental health in extradition
• Prison conditions
• Sexual offences
• Oppression under section 91 extradition act

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MZ v The Secretary of State for the Home Department

The Tribunal dismissed an asylum and human rights appeal by an Iranian claimant said to have converted to Christianity, finding his conversion account not credible.

• Refugee convention
• Humanitarian protection
• Conversion to christianity
• Risk on return to iran
• Article 2 echr
• Article 3 echr

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JK v The Secretary of State for the Home Department

The tribunal allowed JK’s asylum appeal, accepting his account of Taliban persecution linked to a dental clinic and Hazara ethnicity, but dismissed humanitarian protection.

• Refugee convention
• Credibility assessment
• Convention reason
• Humanitarian protection
• Section 8 credibility damage
• Anonymity order

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Nertil Collaku v The Entry Clearance Officer

The First-tier Tribunal allowed Nertil Collaku’s appeal against refusal of entry clearance, accepting his trafficking account and finding the immigration rules were met.

• Entry clearance
• Article 8 echr
• General grounds for refusal
• Suitability requirements
• Victim of trafficking
• Credibility assessment

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EN v The Secretary of State for the Home Department

The First-tier Tribunal dismissed EN’s appeal on asylum, humanitarian protection and human rights grounds, finding no proven political risk, medical Article 3 claim, or Article 8 breach.

• Refugee convention
• Humanitarian protection
• Article 3 echr
• Article 8 echr
• Private life
• Medical claim

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TH v The Secretary of State for the Home Department

The Tribunal dismissed TH’s asylum, humanitarian protection, and human rights appeal, finding he had not displaced the earlier finding that he was Ethiopian.

• Nationality credibility
• Refugee convention protection claim
• Humanitarian protection
• Article 3 echr
• Article 8 echr
• Anonymity direction

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WA v The Secretary of State for the Home Department

The First-tier Tribunal dismissed a Syrian asylum and human rights appeal, finding the new risk documents unreliable and no real risk on return.

• Refugee status
• Humanitarian protection
• Article 3 echr
• Article 8 echr
• Credibility
• Section 8 credibility

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