Search Results for: Asylum

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MK (Accession, Effect on Asylum Related Appeals) Bulgaria CG: IAT 17 Jan 2007

From 1 January 2007 nationals of Bulgaria and Romania became EEA nationals. This has major consequences for any pending asylum-related appeals by such persons. If their appeal relates to an immigration decision made before 1 January 2007 – and it has not been withdrawn – it must be allowed, since removal of EEA nationals is … Continue reading MK (Accession, Effect on Asylum Related Appeals) Bulgaria CG: IAT 17 Jan 2007

Mirza v Bevandorlasi es Allampolgarsagi Hivatal (Borders, Asylum And Immigration): ECJ 8 Mar 2016

(Advocate General’s Opinion) Area of freedom, security and justice – Borders, asylum and immigration – Regulation No 604/2013 (Dublin III) – Examination of an application for international protection – Conditions for the exercise of the Member States’ right to send an applicant to a safe third country – Obligations of the Member State responsible for … Continue reading Mirza v Bevandorlasi es Allampolgarsagi Hivatal (Borders, Asylum And Immigration): ECJ 8 Mar 2016

MK (Iran), Regina (on the Application Of) v the Asylum and Immigration Tribunal and others: CA 3 May 2007

Judges: Lord Judge Dyson Citations: [2007] EWCA Civ 554 Links: Bailii Jurisdiction: England and Wales Cited by: See Also – MK (Iran), Regina (on The Application of) v Secretary of State for The Home Department CA 26-Nov-2009 . .See Also – MK (Iran), Regina (on The Application of) v Secretary of State for The Home … Continue reading MK (Iran), Regina (on the Application Of) v the Asylum and Immigration Tribunal and others: CA 3 May 2007

Secretary of State for the Home Department, Regina (on the Application of) v Chief Asylum Support Adjudicator and Another: Admn 30 Nov 2006

The claimant had sought support which had been refused by the Home Secretary on the basis that he was no longer an asylum seeker. The claimant sought judicial review of the refusal of his appeal by the Chief Asylum Support adjudicator. The Home Secretary said that there was no jurisdiction to hear such an appeal. … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Chief Asylum Support Adjudicator and Another: Admn 30 Nov 2006

Mujahid, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) and The Secretary of State for The Home Department (Refusal of Human Rights Claim): UTIAC 25 Feb 2020

(1) A person (C) in the United Kingdom who makes a human rights claim is asserting that C (or someone connected with C) has, for whatever reason, a right recognised by the ECHR, which is of such a kind that removing C from, or requiring C to leave, would be a violation of that right. … Continue reading Mujahid, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) and The Secretary of State for The Home Department (Refusal of Human Rights Claim): UTIAC 25 Feb 2020

AM (Cameroon), Regina (on the Application of) v Asylum and Immigration Tribunal and Another: CA 20 Feb 2008

The applicant had sought judicial review, but before it was heard, and by a listing error, the statutory review went ahead. She now sought leave to continue the judicial review notwithstanding the final decision against her. Held: The error if uncorrected would cause injustice. The court had power to hear the application for judicial review … Continue reading AM (Cameroon), Regina (on the Application of) v Asylum and Immigration Tribunal and Another: CA 20 Feb 2008

Secretary of State for the Home Department, Regina (on the Application of) v Asylum Support Adjudicator and others: Admn 16 May 2006

The Asylum Support adjudicators had allowed appeals by the asylum failed seekers, and had awarded them support. The Secretary of State now appealed. The failed asylum seekers had been unable to leave the country and having been refused support were destitute. Held: The decisions had been wrong. The decision fell to be made in stages. … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Asylum Support Adjudicator and others: Admn 16 May 2006

Kastrati And Others (Right of Asylum): ECJ 12 Jan 2012

ECJ Right of asylum – Regulation (EC) No 343/2003 – Determination of the Member State responsible for examining an asylum application – Entry by means of a Schengen visa – Lodging of an asylum application in a Member State which did not issue the Schengen visa – Application for a residence permit in the State … Continue reading Kastrati And Others (Right of Asylum): ECJ 12 Jan 2012

Mujahid, Regina (on The Application of) v First Tier Tribunal (Immigration and Asylum Chamber): CA 31 Mar 2021

Where: (a) an individual who is in the United Kingdom makes an application for indefinite leave to remain which is to be treated as a human rights claim within the meaning of s. 113 of the 2002; and (b) the Secretary of State decides not to grant indefinite leave to remain but grants the individual … Continue reading Mujahid, Regina (on The Application of) v First Tier Tribunal (Immigration and Asylum Chamber): CA 31 Mar 2021

Bundesamt Fur Migration Und Fluchtlinge and Asile) (Asylum Policy – Conditions for Granting Refugee Status): ECJ 28 May 2020

(Opinion) Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – Conditions for granting refugee status – Directive 2011/95/EU – Interpretation of Article 9(3) – Reasons for persecution – Article 10(1)(e) – Concept of political opinion – Refusal to perform military service – Conscientious objection Citations: C-238/19, [2020] EUECJ … Continue reading Bundesamt Fur Migration Und Fluchtlinge and Asile) (Asylum Policy – Conditions for Granting Refugee Status): ECJ 28 May 2020

Haque (Adjournment for Asylum Interview) Bangladesh: UTIAC 16 Dec 2011

UTIAC An Immigration Judge is obliged to determine a ground of appeal brought under section 84(1)(g) of the Nationality, Immigration and Asylum Act 2002, even if the appellant raises for the first time in his grounds of appeal that he is a refugee. There is no obligation to adjourn any hearing before the First-tier Tribunal … Continue reading Haque (Adjournment for Asylum Interview) Bangladesh: UTIAC 16 Dec 2011

Suckrajh, Regina (on The Application of) v The Asylum and Immigration Tribunal and Another: CA 29 Jul 2011

The claimant sought, through judicial review, a declaration that he was unlawfully detained for 46 days by the UKBA and damages for false imprisonment and for breach of Article 5 of the Human Rights Convention. The UKBA had detained the claimant under the Detained Fast Track procedure. The claimant contended that it had no right … Continue reading Suckrajh, Regina (on The Application of) v The Asylum and Immigration Tribunal and Another: CA 29 Jul 2011

Rana, Regina (on The Application of) v Upper Tribunal (Immigration and Asylum) and Another; MR (Pakistan) v Upper Tribunal: Admn 21 Dec 2010

The court was asked ‘Is a decision of a judge of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal against a decision of the First-tier Tribunal (Immigration and Asylum Chamber) amenable to judicial review on any ground or grounds other than (a) outright excess of jurisdiction, or (b) denial of procedural justice, … Continue reading Rana, Regina (on The Application of) v Upper Tribunal (Immigration and Asylum) and Another; MR (Pakistan) v Upper Tribunal: Admn 21 Dec 2010

JH (Palestinian Territories) v Upper Tribunal of The Immigration and Asylum Chamber and Another: CA 17 Jul 2020

Whether on a successful claim, costs of judicial review claim were to be ordered against the Secretary of State, or whether appropriate to order that costs of judicial review claim to be treated as costs in appeal before Upper Tribunal. Judges: Macur, Bean, Haddon-Cave LJJ Citations: [2020] EWCA Civ 919, [2021] 1 WLR 455, [2020] … Continue reading JH (Palestinian Territories) v Upper Tribunal of The Immigration and Asylum Chamber and Another: CA 17 Jul 2020

Detention Action v First-Tier Tribunal (Immigration and Asylum Chamber) and Others: Admn 12 Jun 2015

Citations: [2015] EWHC 1689 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – The Lord Chancellor v Detention Action CA 29-Jul-2015 The claimant challenged the legality of the Fast Track Rules 2014 which govern appeals to the First-tier Tribunal (Immigration and Asylum Chamber) against refusals by the Secretary of State for the … Continue reading Detention Action v First-Tier Tribunal (Immigration and Asylum Chamber) and Others: Admn 12 Jun 2015

A, Regina (on the Application of) v National Asylum Support Service and Another: CA 23 Oct 2003

Citations: [2003] EWCA Civ 1473, [2004] 1 WLR 752, [2004] 1 All ER 15 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – A, Regina (on the Application of) v National Asylum Support Service and Another Admn 24-Jun-2003 . . Cited by: Appeal from – Regina (on the Application of A) v National Asylum … Continue reading A, Regina (on the Application of) v National Asylum Support Service and Another: CA 23 Oct 2003

V, Regina (on the Application of) v Asylum and Immigration Tribunal and Another: Admn 24 Jul 2009

The applicant was brought to this country as a baby, and his family had been granted indefinite leave to remain and or citizenship. Attaining adulthood, he appealed refusal of such status because of his criminal record. Judges: Hickinbottom J Citations: [2009] EWHC 1902 (Admin) Links: Bailii Immigration Updated: 30 July 2022; Ref: scu.361465

In re A (Children) (Care proceedings: Asylum seekers): FD 16 May 2003

In the course of care proceedings, it had become apparent that the sole purpose in their continuance by the parents was not that the children were at any real or substantial risk of harm, but rather that their continuance influenced the parents’ ability to stay within the UK. There was no evidence of any risk … Continue reading In re A (Children) (Care proceedings: Asylum seekers): FD 16 May 2003

A, Re Permission To Appeal Under Section 103(B) of the Nationality, Immigration and Asylum Act 2002: SCS 18 Nov 2008

Application for permission to appeal against a determination of the Asylum and Immigration Tribunal Judges: Lord Kingarth, Lord Carloway, Lord Marnoch Citations: [2008] ScotCS CSIH – 59, [2008] CSIH 59 Links: Bailii Statutes: Nationality, Immigration & Asylum Act 2002 103(B) Cited by: Leave – A v The Secretary of State for The Home Department SCS … Continue reading A, Re Permission To Appeal Under Section 103(B) of the Nationality, Immigration and Asylum Act 2002: SCS 18 Nov 2008

Ahmed, Regina (on the Application of) v Asylum Support Adjudicator and Another: Admn 2 Oct 2008

The claimant, a failed asylum seeker, sought judicial review of the refusal to him of accomodation Judges: Silber J Citations: [2008] EWHC 2282 (Admin) Links: Bailii Statutes: Immigration and Asylum Act 1999 4, Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005 Jurisdiction: England and Wales Immigration, Housing Updated: 19 July 2022; Ref: … Continue reading Ahmed, Regina (on the Application of) v Asylum Support Adjudicator and Another: Admn 2 Oct 2008

Practice Statement (Judicial review: Asylum Support): Admn 13 Feb 2004

Where an asylum applicant sought to have reviewed a decision not to provide support by way of benefits, the respondent Secretary of State was to be given an automatic extension of the time limit for replying to the application. Interim relief could be granted to the applicant and so he would not generally be prejudiced … Continue reading Practice Statement (Judicial review: Asylum Support): Admn 13 Feb 2004

Asylum-seeker’s imminent removal from the UK to Rwanda: ECHR 14 Jun 2022

Citations: [2022] ECHR 580 Links: Bailii Jurisdiction: Human Rights Cited by: See Also – Further requests for interim measures in cases concerning asylum-seekers’ imminent removal from the UK to Rwanda ECHR 15-Jun-2022 . . Lists of cited by and citing cases may be incomplete. Human Rights Updated: 13 July 2022; Ref: scu.679145

AN and NN (S.83, Asylum Grounds Only) Albania: IAT 10 Dec 2007

IAT JM v Secretary of State for the Home Department [2006] EWCA Civ 1402 has no impact on the scope of s. 83. As is clear from the relevant legislation and Immigration Rules, in an appeal under s.83 of the 2002 Act the Tribunal has no jurisdiction to consider non-asylum grounds; and, if an appeal … Continue reading AN and NN (S.83, Asylum Grounds Only) Albania: IAT 10 Dec 2007

Secretary of State for the Home Department, Regina (on the Application of) v Chief Asylum Support Adjudicator and Another: Admn 25 Oct 2002

The asylum seeker had sought support from the Secretary of State. That assistance had been granted subject to a condition that she live where directed. She sought to appeal. Held: There was no right of appeal against the condition. The jurisdiction must come from section 103(2). That section made it clear that a right of … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Chief Asylum Support Adjudicator and Another: Admn 25 Oct 2002

AM (Cameroon), Regina (on the Application of) v Asylum and Immigration Tribunal: CA 21 Feb 2007

The asylum applicant sought judicial review of interlocutory decisions of an immigration judge. The defendant said that there was a statutory procedure and that therefore that had to be followed rather than judicial review. Held: The application could go ahead. The application raised an issue of considerable importance. secion 103A had been introduced to speed … Continue reading AM (Cameroon), Regina (on the Application of) v Asylum and Immigration Tribunal: CA 21 Feb 2007

Practice Note (Anonymisation In Asylum and Immigration Cases In the Court of Appeal): CA 31 Jul 2006

From October 2006, the names in cases involving asylum appeals will be anonymised, with a two character code, the country name, and a serial number as necessary. This would accord with practice in other European jurisdictions and would assist if eventually an applicant came to return to his home country. Citations: Times 24-Aug-2006, [2006] EWCA … Continue reading Practice Note (Anonymisation In Asylum and Immigration Cases In the Court of Appeal): CA 31 Jul 2006

Starred Gardi (Asylum, KAA, Internal Flight Alternative) Iraq: IAT 16 Nov 2001

Citations: [2001] UKIAT 00017 Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Gardi v Secretary of State for the Home Department CA 24-May-2002 The applicant was an ethnic Kurd who claimed asylum, having fled Iraq. Held: To establish a claim, he must show that because of a well founded fear of persecution … Continue reading Starred Gardi (Asylum, KAA, Internal Flight Alternative) Iraq: IAT 16 Nov 2001

KK (Failed Asylum Seeker) CG Libya: IAT 27 May 2004

‘The Appellant appeals, with leave, against the determination of an Adjudicator, Mr D R Garratt, allowing the Respondent’s appeal against the decision of the Appellant on 13 August 2003 to issue removal directions and refuse asylum ‘ Judges: Mr S L Batiste (Vice-President), Mr J Perkins (Vice-President), Mr G H Getlevog Citations: [2004] UKIAT 00151 … Continue reading KK (Failed Asylum Seeker) CG Libya: IAT 27 May 2004

In re S (Children) (Child abduction: Asylum appeal): FD 24 Apr 2002

The mother had applied here for asylum. Her application had been refused but was subject to appeal. The father in India sought the return of the children on the basis that they had been removed from a Convention country which was their habitual residence, and against his will as their father. The mother applied for … Continue reading In re S (Children) (Child abduction: Asylum appeal): FD 24 Apr 2002

Regina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest: CA 23 Oct 2003

A family of asylum seekers with two disabled children would be destitute without ‘adequate’ accommodation. What was such accommodation? Held: The authority was under an absolute duty to house such a family. In satisfying such duty, it was adequate to place them immediately in temporary accommodation which would be adequate in the short term, pending … Continue reading Regina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest: CA 23 Oct 2003

Regina (Secretary of State for the Home Department) v Chief Asylum Support Adjudicator and Another (Ahment Godan): CA 28 Oct 2003

The applicant was an asylum applicant. She sought to appeal a decision to stop support payments. She appealed a decision that she had no right to appeal. Held: A decision which might give rise to an appeal only occurred if the applicant had an existing right to support which had been terminated. Judges: Sir Andrew … Continue reading Regina (Secretary of State for the Home Department) v Chief Asylum Support Adjudicator and Another (Ahment Godan): CA 28 Oct 2003

In re S (Children) (Child abduction: Asylum appeal): CA 28 May 2002

The appellant was the mother of a child, who was claiming asylum. The father sought the return of the child to India, claiming he had been abducted by the mother. She said that whilst her claim for asylum was extant, the court must not allow her or the child to be removed. Held: India was … Continue reading In re S (Children) (Child abduction: Asylum appeal): CA 28 May 2002

Westminster City Council v National Asylum Support Service: CA 10 Apr 2001

Citations: [2001] EWCA Civ 512, (2001) 33 HLR 83, (2001) 4 CCL Rep 143 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Citing: Appeal from – Westminster City Council v National Asylum Support Service Admn 27-Feb-2001 . . Cited by: Appeal from – Westminster City Council v National Asylum Support Service … Continue reading Westminster City Council v National Asylum Support Service: CA 10 Apr 2001

Westminster City Council v National Asylum Support Service: Admn 27 Feb 2001

Judges: Stanley Burnton J Citations: [2001] EWHC Admin 138 Links: Bailii Statutes: National Assistance Act 1948 21 Jurisdiction: England and Wales Cited by: Appeal from – Westminster City Council v National Asylum Support Service CA 10-Apr-2001 . .At first instance – Westminster City Council v National Asylum Support Service HL 17-Oct-2002 The applicant sought assistance … Continue reading Westminster City Council v National Asylum Support Service: Admn 27 Feb 2001

B, Regina (on the Application of) v The Asylum Support Adjudicator and Another: Admn 19 Sep 2005

The claimant sought a declaration that the obligation on the respondent to continue to support the child of an asylum seeker when the parent had ceased to be entitled to support, continued despite the 2002 Act. Held: The statute was quite clear. The obligation to provide support for the child under the 1999 Act continued … Continue reading B, Regina (on the Application of) v The Asylum Support Adjudicator and Another: Admn 19 Sep 2005

KA and Others (Regroupement Familial En Belgique) (Border Control, Asylum, Immigration – Judgment): ECJ 8 May 2018

Reference for a preliminary ruling – Border control, asylum, immigration – Article 20 TFEU – Charter of Fundamental Rights of the European Union – Articles 7 and 24 – Directive 2008/115/EC – Articles 5 and 11 – Third-country national subject to an entry ban – Application for residence for the purposes of family reunification with … Continue reading KA and Others (Regroupement Familial En Belgique) (Border Control, Asylum, Immigration – Judgment): ECJ 8 May 2018

R v G and Another (Hague Convention and Asylum): FD 22 Mar 2022

proceedings issued by the father relating to X, age 5, against the mother for X’s summary return to Italy. Judges: Mrs Justice Theis DBE Citations: [2022] EWHC 655 (Fam) Links: Bailii Statutes: 1980 Hague Convention on the Civil Aspects of International Child Abduction Jurisdiction: England and Wales Children Updated: 06 May 2022; Ref: scu.675953

The Joint Council for The Welfare of Immigrants v The President of The Upper Tribunal (Immigration and Asylum Chamber): Admn 20 Nov 2020

Judicial review case is about oral hearings and paper determinations in substantive appeals dealt with by the Upper Tribunal (Immigration and Asylum Chamber) (UTIAC) during the Covid-19 pandemic. Judges: Fordham J Citations: [2020] EWHC 3103 (Admin) Links: Bailii Jurisdiction: England and Wales Litigation Practice Updated: 04 May 2022; Ref: scu.656316

The Colombian-Peruvian Asylum case: ICJ 20 Nov 1950

ICJ The origin of the Colombian-Peruvian Asylum case lies in the asylum granted on January 3rd, 1949, by the Colombian Ambassador in Lima to M. Victor Raul Haya de la Torre, head of a political party in Peru, the American People’s Revolutionary Alliance. On October 3rd, 1948, a military rebellion broke out in Peru and … Continue reading The Colombian-Peruvian Asylum case: ICJ 20 Nov 1950

In re H (a Minor) (Child abduction: Mother’s Asylum): FD 25 Jul 2003

The mother fled Pakistan and secured asylum here, proving a well founded fear of persecution if she returned. She had brought her son. The father applied for the child to be returned for the courts there to decide his future, saying he had been abducted. Held: To order the return of the child anticipating the … Continue reading In re H (a Minor) (Child abduction: Mother’s Asylum): FD 25 Jul 2003

Kastrati And Others (Right of Asylum): ECJ 3 May 2012

ECJ Dublin system – Regulation (EC) No 343/2003 – Procedure for determining the Member State responsible for examining an asylum application – Third-country nationals in possession of a valid visa issued by the ‘Member State responsible’ within the meaning of Regulation No 343/2003 – Asylum application lodged in a Member State other than the State … Continue reading Kastrati And Others (Right of Asylum): ECJ 3 May 2012

Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002