Sahrawi Asylum Seeker’s Detention Upheld

United Kingdom Immigration Law Blog

R (ML (Morocco)) v SSHD [2016] EWHC 2177 (Admin) (31 August 2016)

The Convention Relating to the Status of Stateless Persons 1954 expresses quite “profound concern” for stateless persons not protected by the Convention Relating to the Status of Refugees 1951 and the UN calls for the “widest possible” protection of such persons’ fundamental rights and freedoms. Last year it was held in the case of Pham[2015] UKSC 19 that “stateless” in section 40(4) of the British Nationality Act 1981 has the same meaning as article 1(1) of the 1954 Convention. That was a memorable case but this one, which is from the troubled Maghreb region, also involves interesting facts. Ethnically the claimant was Sahrawi. ML begrudgingly said that he hated Morocco and told its authorities that he was Algerian. He suffered from a mental health disorder and offended serially amassing 14 convictions for 17 offences. His convictions…

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