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Articles by Ben Amunwa
Policy for Accommodating Asylum Seekers at Ex-RAF base found Unlawful
The High Court has today found that the Home Secretary breached the public sector equality duty, (‘PSED’) in s.149(1) of the Equality Act 2010, when arranging for single adult male asylum seekers to be accommodated at a remote ex-RAF base in the north Essex village of Wethersfield. The judgment in TG and others v SSHD [2025] EWHC 596 (Admin) follows over a year of litigation prompted by the previous government’s emphasis on the use of large sites in the asylum support estate.
Withdrawing post-termination benefits: a breach too far?
Adekoya & Ors v Heathrow Express Operating Company Ltd [2024] EAT 72 The Claimants in Adekoya & Ors were former employees of Heathrow Express who took voluntary redundancy in 2020. They brought claims for damages in breach of contract, arguing that under their contractual terms, they were entitled to retain life-long travel benefits (‘the Scheme’), including substantial discounts on rail travel for them and certain dependents, provided they had acquired at least 5 years’ service.
Criminal ban on returning to unauthorised encampments declared incompatible with ECHR
Introduction The High Court in Smith v Secretary of State for the Home Department [2024] EWHC 1137 (Admin) has found that criminal law restrictions on persons who return to unauthorised encampments are a disproportionate and unjustified interference with the ECHR article 14 rights of Gypsies, Roma and Travellers. As the Court could not interpret the legislation compatibly with ECHR article 14, it made a declaration of incompatibility under section 4 of the Human Rights Act 1998 (‘HRA 1998’).
UK Supreme Court finds trade union legislation in breach of ECHR
Introduction Could section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (‘TULRCA’) be interpreted as protecting workers who participate in lawful strike action from detriment short of dismissal, by the effect of article 11 of the ECHR (the right to freedom of assembly and association) and section 3 of the Human Rights Act 1998 (‘HRA 1998’)?
Update on Afghan relocations legal challenge to Prime Minister Rishi Sunak's policy u-turn
This post provides an update on the UK government’s failure to promptly relocate eligible persons under the Afghan Relocations and Assistance Policy (‘ARAP’) to the UK. The ARAP scheme provides for resettlement to the UK for Afghan citizens who worked with or alongside the UK government or UK armed forces in Afghanistan. Eligible persons and their family members are entitled to the immediate grant of indefinite leave to remain in the UK upon arrival, with a suite of advantages (eg.
No recourse to public funds policy found unlawful (again)
On 15 February 2023, the High Court yet again found that the Secretary of State’s policy prohibiting migrants from accessing mainstream welfare benefits was unlawful. The policy, known as the no recourse to public funds (NRPF) condition, was the target of two judicial review claims brought on behalf of destitute claimants living with disabilities. As recently covered by Sky News, several weeks ahead of the expedited trial, the parties agreed a consent order settling the claims.
Good news for students deported on flimsy evidence of fraud
The Independent reports that the Upper Tribunal has found in favour of students who had their leave to remain cancelled and faced deportation because the Home Office wrongly believed that they had cheated on their English language tests. The decision follows a run of previous challenges in similar cases, known as ‘ETS’ cases after the Educational Testing Service Limited where the alleged cheating occurred. ETS was a Home Office approved provider of “secure English language testing”.
International students win right to challenge accusations of cheating in the UK
Out of country appeals are not an appropriate remedy for persons whose visas have been cancelled after being accused by the Home Office of cheating in English language tests, the Court of Appeal has decided in Ahsan & Others v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009. This will come as welcome news for some of the many thousands of persons who the Home Office has accused of using proxy test-takers to pass TOEIC language tests at centres run by ETS.
Our Shop
All That Glitters: Sport, BP and Repression in Azerbaijan by Emma Hughes and James Marriott (2015) RRP £5.99 – Our Price only £5! All That Glitters explores how the 2015 European Games belong to Azerbaijan’s Aliyev regime and the British oil company BP and how sport is being co-opted in the service of a dynasty and fossil fuels. So provocative that author Emma Hughes was banned from Azerbaijan on the eve of the Games.
Tribunal rejects Addison Lee’s challenge to cycle-courier’s pay claim
The Employment Appeal Tribunal has rejected Addison Lee’s attempt to overturn a judgment by the Employment Tribunal which found that one of the company’s 500 cycle-couriers was entitled to basic employment rights. [1] See Addison Lee Ltd v. Gascoigne (WORKING TIME REGULATIONS – Holiday pay) [2018] UKEAT 0289/17/1105.
How many students has Theresa May deported unlawfully?
And we will probably have to wait for Parliament to investigate before we know the answer. In recent days, The Independent has reported that up to 50,000 students were wrongfully deported from the UK after being accused of cheating in their English language tests. The evidence relied on by the Home Office was decimated by a recent decision by the Upper Tribunal (still yet to be published…). The Independent attributes its ‘up to 50k’ figure to The Hindu news website.
The Living Memorial
remember saro-wiwa is a ground-breaking visual arts project, that combines the power of art and activism. The vehicle of the project is a Living Memorial to the Nigerian artist and activist Ken Saro-Wiwa, created by British artist Sokari Douglas-Camp CBE. The Living Memorial is a life-size steel Bus, featuring the names of the Ogoni 9 who were executed by the Nigerian military government.
Counting the Cost: corporations and human rights abuses in the Niger Delta
FOR IMMEDIATE RELEASE: Monday 3 October 2011 New research reveals Shell paid militants who destroyed Nigerian towns Shell fuelled human rights abuses in Nigeria by paying huge contracts to armed militants, according to a new report published by Platform and a coalition of NGOs and featured today in The Guardian.
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