Category Archives: Islam

Pakistan, asylum, gay claims and domestic violence 

On the verge of being a “rogue state”, Pakistan is generally in the news for all the wrong reasons. Support for the Taliban (“dirty work” for the Americans) in the past, blood feuds, stratospheric levels of honour killing, mafia activity, … Continue reading →

Posted in Asylum, Hostile Environment, Islam, Pakistan, Persecution, Refugee Convention, SOGI, Spouse visa, Students, UKSC | Tagged , , , , | Leave a comment

‘Automatic’ settlement axed: ILR must be ‘earned’

A Fairer Pathway to Settlement (November 2025, CP 1448) sets out the government’s pompous plans to overhaul the system and contains the government’s proposals to change the settlement rules to establish an “earned settlement” model. Herself the daughter of Muslim … Continue reading →

Posted in Arrivals, Asylum, Automatic Deportation, ILR, Islam, Settlement, Small Boats | Tagged , , , | Leave a comment

Supreme Court: Approach in Begum as to SIAC’s procedures meets Convention standards

U3 v Secretary of State for the Home Department [2025] UKSC 19 (12 May 2025) In an appeal concerning the right approach to be taken by “SIAC”, the Special Immigration Appeals Commission, in disputes about matters which are relevant to the … Continue reading →

Posted in Appeals, Article 6, Article 8, British Citizenship, British Nationality Act 1981, ECHR, Human Rights Act, ISIS/ISIL, Islam, SIAC, Syria, UKSC | Tagged , , , , , , , , , | Leave a comment

New evidence must satisfy Ladd v Marshall to justify departure from FTT decision on refugee status

R (Al-Siri) v Secretary of State for the Home Department [2021] EWCA Civ 113 (08 February 2021) The Court of Appeal dismissed the government’s appeal against the judgment of Richard Clayton QC where he had quashed the decision of the … Continue reading →

Posted in Appeals, Article 3, Asylum, Court of Appeal, ECHR, Egypt, Islam, Judicial Review, Refugee Convention, Terrorism | Tagged , , , , , | Leave a comment

Pakistan and Child Abduction: Lahore High Court holds ‘Hague Convention is not an extradition treaty’

Pakistan is notorious for child abduction. In the case of Sumayyah Moses v SHO and Others (Writ Petition No. 74048 of 2019) PLD 2020 Lahore 716, the Lahore High Court explained that the Hague Convention on the Civil Aspects of International … Continue reading →

Posted in Cases, Child Abduction, Children, Citizenship and Nationality, Court of Appeal, Expert Evidence, Extradition, Families, Family Court, Foreign law, Habitual Residence, Hague Convention, Inherent Jurisdiction, Islam, Judicial Review, Lahore High Court, Nationality, Pakistan, South Africa | Tagged , , , , , , | Leave a comment

Syria returnee’s proceedings do not breach right to fair trial

QX v Secretary of State for the Home Department [2020] EWHC 2508 (Admin) (21 September 2020) “QX” the claimant for judicial review was a British jihadi who had spent time in Syria. He aligned himself with a group that was … Continue reading →

Posted in Article 6, Article 8, Disclosure, ECHR, High Court, ISIS/ISIL, Islam, Judicial Review, Politics, Syria, Terrorism | Tagged , , , , , , | Leave a comment

Lahore High Court ruling on forced conversion to Islam

In Nasira v Judicial Magistrate and 5 others Writ Petition No. 45156 of 2019/PLD 2020 Lahore 489, the Lahore High Court granted a petition under Article 199 of the Constitution of Pakistan 1973 by a Christian woman called Nasira where she sought … Continue reading →

Posted in Article 9, Asylum, Children, Conversion, ECHR, Families, Foreign law, Guardianship, India, Islam, Lahore High Court, Pakistan, Persecution, Tribunals | Tagged , , , , , , | 1 Comment

High Court of Sindh on Pakistan and the Hague Convention

The case of Mst Farhat (Petitioner) v Umair Hanif Ghanchi and Others (Respondents) 2019 CLC 1311 Sindh is an early example of the High Court of Sindh grappling with the issues connected to the Hague Convention on the Civil Aspects of … Continue reading →

Posted in Child Abduction, Children, Dubai, Family Court, Hague Convention, International Law, Interpol, Islam, Karachi, Pakistan, Spouses | Tagged , , , , , , | Leave a comment

How do Pakistani courts approach child abduction cases?

What can be said about the approach taken by the Pakistani courts in child abduction cases? Little is known about this topic and of course since Pakistan is a new entrant to the Hague Convention on the Civil Aspects of … Continue reading →

Posted in Child Abduction, Children, Families, Forced marriage, Guardianship, Hague Convention, Islam, Lahore High Court, Muslims, Pakistan, Racism, Scotland, Spouses | Tagged , , , , , , | Leave a comment

Court of Appeal on Nikah and non-qualifying ceremonies

HM Attorney General v Akhter & Ors [2020] EWCA Civ 122 (14 February 2020)  This was an important judgment which was given earlier in the year. The Court of Appeal held that an Islamic ceremony of marriage which was not … Continue reading →

Posted in Article 12, Article 8, Divorce, ECHR, Families, Family Court, Human Rights Act, Islam, Nikah, non-marriage, Pakistan, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

Analysis of Country Guidance on Iranian Kurds

HB (Kurds) Iran (illegal exit: failed asylum seeker) CG [2018] UKUT 430 (IAC) (12 December 2018) Finding themselves trapped as minorities in countries such as Iran, Iraq, Syria and Turkey, the Kurds are dubbed “a people without a country” and … Continue reading →

Posted in Appeals, Article 10, Article 3, Asylum, ECHR, Iraq, Islam, Persecution, Refugee Convention, Tribunals, UKSC | Tagged , , , , , , | 1 Comment

Case Preview: FA (Pakistan) v SSHD

This appeal provides the Supreme Court the opportunity to further interpret its own historic case law by ascertaining (i) whether the refusal of asylum on the expectation an individual will suppress the expression of their religious faith, where the state … Continue reading →

Posted in Ahmadis, Appeals, Article 3, Asylum, Islam, Pakistan, Persecution, Refugee Convention, UKSC | Tagged , , , , | Leave a comment

‘Human Marketplace’: New Libya Country Guidance

ZMM (Article 15(c)) Libya CG [2017] UKUT 263 (IAC) (28 June 2017) When “mad dog” Muammar Gaddafi deposed Libya’s King Idris in 1969, his hero Nasser was both shocked and amused that the jaded ideology conjuring up fake dreams of … Continue reading →

Posted in Agents, Asylum, European Union, Human Trafficking, Iraq, Islam, Libya, Manchester, Persecution, Politics, Refugee Convention, Terrorism | Tagged , , , , , , | 1 Comment

Case Preview: SM (Algeria) (Appellant) v Entry Clearance Officer, UK Visa Section (Respondent)

Three years ago in AA (Somalia) v ECO (Addis Ababa) [2013] UKSC 81, the Supreme Court considered whether a Somali child in her brother-in-law’s care under the doctrine of Kafalah – a process of legal guardianship and the Islamic equivalent … Continue reading →

Posted in Adoption, Algeria, Article 8, CFR, Children, Citizens Directive, Entry Clearance, Immigration Rules, Islam, UKSC | Tagged , , , , , , , | 2 Comments

Analysis: Immigration Act 2016

A hostile environment hitting wrongdoing from every angle has been in the making for a long time. The Immigration Act 2016 builds on the foundations laid by the “flagship” Immigration Act 2014. The public tends to view foreigners as stealing local … Continue reading →

Posted in Asylum, Brexit, Children, Deportation, ECHR, Economy, Employment, Enforcement, European Union, Fees, Immigration Act 2014, Immigration Act 2016, Islam, PBS, Public Interest, s 55 BCIA | Tagged , , , , , , , , | 1 Comment

Lone Women and Ostracism in Pakistan

SM (Lone Women – Ostracism) Pakistan [2016] UKUT 67 (IAC) (2 February 2016) Like his clever creator, Kipling’s fictional character of the orphaned/vagabond Irish immigrant child Kimball O’Hara – the devoted chela (disciple) of a lama – lived in late … Continue reading →

Posted in Article 3, Article 8, Asylum, Hale JSC, Immigration Act 2014, Islam, Pakistan, Persecution, Politics, Refugee Convention, s 55 BCIA, Tribunals, Women | Tagged , , , , , , | 4 Comments

Deterring ‘Potential Extremists’: The BNA and the Scope of the Naturalisation Discretion

MM & GY & TY v Secretary of State for the Home Department [2015] EWHC 3513 (Admin) (03 December 2015) This damaging decision for the British government was published immediately after David Cameron slanderously accused those opposed to expanding UK … Continue reading →

Posted in Afghan War, Article 14, Article 3, Article 8, Citizenship and Nationality, ECHR, Human Rights Act, India, Islam, Judicial Review, Pakistan, Politics, Terrorism | Tagged , , , , | 1 Comment

Asylum, Blogging and Iran

“The image conjured up by the name Persia is one of romance – roses and nightingales in elegant gardens, fast horses, flirtatious women, sharp sabres, jewel-coloured carpets, melodious music,” explains Michael Axworthy in Empire of the Mind. “But in the … Continue reading →

Posted in Appendix FM, Asylum, Blogging, Business, European Union, India, Iran, Islam, Israel, Pakistan, Politics, Refugee Convention, Terrorism, Tribunals, United States, Women | Tagged , , , , , , , | Leave a comment

Terror Imam: Monitoring Measures Breach ECHR

DD v Secretary of State for the Home Department [2015] EWHC 1681 (Admin) (19 June 2015) No matter where one looks, judges seem to be hell-bent on helping wicked individuals. For example, SIAC’s recent decision that N2’s continued detention was … Continue reading →

Posted in Al-Shabab, Article 3, Article 8, Asylum, Human Rights Act, Islam, Kenya, Refugee Convention, Somalia, Terrorism | Tagged , , , , , | 1 Comment

Article 8 and Terrorism: Construing Words Sensibly

YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 (10 October 2014) Earlier in the month, the Court of Appeal (Aikens LJ, Sir Colin Rimer & Sir Stanley Burnton) unanimously allowed an appeal on article … Continue reading →

Posted in Article 3, Article 8, Deportation, Immigration Act 2014, Immigration Rules, Islam, Terrorism | Tagged , , , | Leave a comment