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Belgische Staat (Refugiee Mineure Mariee) (Immigration Policy – Right To Family Reunification – Concept of ‘Unaccompanied Minor’): ECJ 16 Jun 2022

Opinion – Reference for a preliminary ruling – Immigration policy – Directive 2003/86/EC – Right to family reunification – Concept of ‘unaccompanied minor’ – Right of a refugee to family reunification with his or her parents – Refugee minor married at the time he or she entered the territory of another Member State – Child … Continue reading Belgische Staat (Refugiee Mineure Mariee) (Immigration Policy – Right To Family Reunification – Concept of ‘Unaccompanied Minor’): ECJ 16 Jun 2022

Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore subject to security round-ups of such people which occurred when the … Continue reading Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

Regina v Immigration Appeal Tribunal ex parte Bari: 1986

Citations: [1986] Imm AR 26 Jurisdiction: England and Wales Cited by: Cited – McPherson v Secretary of State for the Home Department CA 19-Dec-2001 The appellant had entered the UK as a visitor on regular occasions and latterly had used false passport. She was then convicted of supplying Class A drugs, and ordered to be … Continue reading Regina v Immigration Appeal Tribunal ex parte Bari: 1986

Secretary of State for the Home Department v Immigration Appeal Tribunal: Admn 9 Apr 2001

The application raised two issues: the Tribunal’s power to remit a case for rehearing by an adjudicator, and when an order made by a lone chairman of the Tribunal may be varied or set aside. The Tribunal only has the powers it is given. The two powers of remittal are not to be treated differently, … Continue reading Secretary of State for the Home Department v Immigration Appeal Tribunal: Admn 9 Apr 2001

Charkaoui v Minister of Citizenship and Immigration: 23 Feb 2007

(Supreme Court of Canada) The court considered the procedure for immigration appeals involving the use of evidence not to be given to the applicant. Held: The statutory procedures for reviewing certificates of inadmissibility to Canada and consequent detentions were inadequate: ‘the government can do more to protect the individual while keeping critical information confidential’.McLachlin CJ … Continue reading Charkaoui v Minister of Citizenship and Immigration: 23 Feb 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

Babajanov (Continuity of Residence – Immigration (EEA) Regulations 2006) Azerbaijan: UTIAC 3 Oct 2013

(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country. (2) Leaving aside military service, the reasons for that absence must come within regulation … Continue reading Babajanov (Continuity of Residence – Immigration (EEA) Regulations 2006) Azerbaijan: UTIAC 3 Oct 2013

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

A v Minister for Immigration and Ethnic Affairs and Another: 1997

(Australia) A claim to refugee status was made by a husband and wife who had come from China to Australia. They said that they feared sterilization under the ‘one child policy’ of China if they were returned. Held: There is a general principle that there can only be a ‘particular social group’ within the Convention … Continue reading A v Minister for Immigration and Ethnic Affairs and Another: 1997

Belgische Staat (Refugiee Mineure Mariee) (Immigration Policy – Right To Family Reunification – Concept of ‘Unaccompanied Minor’): ECJ 17 Nov 2022

Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Directive 2003/86/EC – Article 2(f) – Article 10(3)(a) – Concept of `unaccompanied minor’ – Right to family reunification – Refugee minor who is married at the time of her entry into the territory of a Member State – Child … Continue reading Belgische Staat (Refugiee Mineure Mariee) (Immigration Policy – Right To Family Reunification – Concept of ‘Unaccompanied Minor’): ECJ 17 Nov 2022

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

Regina v Immigration Appeal Tribunal, Ex parte Bakhtaur Singh: HL 1986

The claimant’s appeal against the decision of the Secretary of State to deport him failed before the adjudicator. The Immigration Appeal Tribunal refused leave to appeal to that Tribunal. He sought judicial review of that refusal. The issue was whether the ‘public interest’ in paragraph 154 of the Immigration Rules could include the interests of … Continue reading Regina v Immigration Appeal Tribunal, Ex parte Bakhtaur Singh: HL 1986

Tataw, Regina (on the Application Of) v Immigration Appeal Tribunal: CA 18 Jun 2003

Citations: [2003] EWCA Civ 925 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Chief Constable of the North Wales Police v Evans HL 1982 The Court found the probationer police constable to have been unlawfully induced to resign, but the court could not order his reinstatement. A power must be exercised by the precise … Continue reading Tataw, Regina (on the Application Of) v Immigration Appeal Tribunal: CA 18 Jun 2003

Association Nationale D’Assistance Aux Frontieres Pour Les Etrangers v Ministre de l’Interieur, de l’Outre-mer, des Collectivites territoriales et de l’Immigration: ECJ 14 Jun 2012

ECJ Regulation (EC) No 562/2006 – Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) – Article 13 – Third-country nationals holding a temporary residence permit – National legislation banning the re-entry of those nationals into the territory of the Member State which issued the temporary residence permit in … Continue reading Association Nationale D’Assistance Aux Frontieres Pour Les Etrangers v Ministre de l’Interieur, de l’Outre-mer, des Collectivites territoriales et de l’Immigration: ECJ 14 Jun 2012

In re M and N (Children); In re M (a Child) (Family proceedings: Immigration) and In re N (a Child) (Family proceedings: Immigration): FD 6 Oct 2008

Munby J expressed grave concern at the failure of parties and their representatives to keep the court informed as to events where there were associated immigration proceedings the outcome of which would effectively determine the private law children proceedings. Judges: Munby J Citations: [2008] EWHC 2281 (Fam), Times 26-Nov-2008, [2008] Fam Law 1192, [2008] 2 … Continue reading In re M and N (Children); In re M (a Child) (Family proceedings: Immigration) and In re N (a Child) (Family proceedings: Immigration): FD 6 Oct 2008

Ali v Office of The Immigration Services Commissioner (Race Discrimination): EAT 6 Nov 2020

It is unlawful for a person who is not a qualified person to provide immigration advice or services. One route to being a qualified person is to be registered by the Office of the Immigration Services Commissioner (‘OISC’). The OISC also has powers to investigate and prosecute people suspected of providing such services unlawfully. Two … Continue reading Ali v Office of The Immigration Services Commissioner (Race Discrimination): EAT 6 Nov 2020

Mubu and Others (Immigration Appeals – Res Judicata) Zimbabwe: UTIAC 24 Oct 2012

UTIAC The principle of res judicata does not operate in immigration appeals.The guidelines set out in Devaseelan [2002] UKIAT 00702; [2003] Imm AR 1 are always to be applied to the determination of a factual issue, the dispute as to which has already been the subject of judicial determination in an appeal against an earlier … Continue reading Mubu and Others (Immigration Appeals – Res Judicata) Zimbabwe: UTIAC 24 Oct 2012

Regina v Immigration Appeal Tribunal Secretary of State for Home Department ex parte Shah and Others: CA 23 Jul 1997

Even the justified fears of being stoned to death for adultery did not create a particular separate group from which protection from persecution could be claimed in support of an application for asylum. A ‘social group’ for refugee applicants, had to share common uniting characteristic which set that group apart from rest of that society. … Continue reading Regina v Immigration Appeal Tribunal Secretary of State for Home Department ex parte Shah and Others: CA 23 Jul 1997

Regina v Immigration Appeal Tribunal, Secretary of State for Home Department ex parte Shah: Admn 25 Oct 1996

A wife, afraid with cause of being stoned to death for adultery if she returned home, was part of ‘a particular social group’ within the Convention, and was entitled to claim asylum. Commenting on the unique complexity of such cases: ‘Its adjudication is not a conventional lawyer’s exercise of applying a legal litmus test to … Continue reading Regina v Immigration Appeal Tribunal, Secretary of State for Home Department ex parte Shah: Admn 25 Oct 1996

BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: CA 19 Nov 2012

The Secretary of State wished to deport the applicant on the basis of his suspected involvement in acts of terrorism. An order for his deportation had been revoked by the respondent, but he had remained on very stringent bail conditions, since 2007. Held: The case failed on the article 6 issue because (i) the decision … Continue reading BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: CA 19 Nov 2012

Regina v Secretary of State for Home Department Immigration Appeals Tribunal ex parte Robinson: CA 11 Jul 1997

Where an asylum seeker was seeking to escape from persecution in one area of his home country, the court must ask if an escape to a safe area in his country of origin is available and appropriate. A failure of the country to which an asylum seeker would be returned to provide for the basic … Continue reading Regina v Secretary of State for Home Department Immigration Appeals Tribunal ex parte Robinson: CA 11 Jul 1997

Regina v Immigration Appeal Tribunal and Secretary of State for Home Department ex parte Kamalakkanan: CA 29 Jan 1997

Renewed application for leave to bring judicial review on the basis that the adjudicator was alleged to have misapplied the Immigration Rules as to internal flight. The applicant was from Sri Lanka. The applicant’s evidence and submissions that conditions in Colombo were unsafe for him were rejected by the special adjudicator, and there were plain … Continue reading Regina v Immigration Appeal Tribunal and Secretary of State for Home Department ex parte Kamalakkanan: CA 29 Jan 1997

Othman, Regina (on The Application of) v Special Immigration Appeals Commission (SIAC) and Others: Admn 9 Aug 2012

The court gave its reasons for refusing the claimant’s applications for habeas corpus and permission to seek judicial review of his detention. He was detained pending deportation to Jordan. He resisted saying that if retried in Jordan, the evidence against him would have been obtained by torture. Judges: Hughes LJ Silber J Citations: [2012] EWHC … Continue reading Othman, Regina (on The Application of) v Special Immigration Appeals Commission (SIAC) and Others: Admn 9 Aug 2012

Hari Dhima v Immigration Appeal Tribunal: Admn 8 Feb 2002

The appellate sought judicial review to challenge an order for his return to Albania. He said that he would be subject to persecution from communist sympathizers, and his life was at risk for a blood feud. Adjudicators had variously accepted and rejected both claims, but concluded that he could avail himself of internal flight. He … Continue reading Hari Dhima v Immigration Appeal Tribunal: Admn 8 Feb 2002

Regina v Immigration Appeals Tribunal ex parte and Similar: CA 11 Oct 1996

The Court of Appeal could only deal with an appeal on points of law arising from the Immigration Appeal Tribunal’s decision. Consequently, it could only allow an appeal on points of law in respect of which the tribunal had jurisdiction, either because the point was raised in the grounds or because it was an obvious … Continue reading Regina v Immigration Appeals Tribunal ex parte and Similar: CA 11 Oct 1996

European Roma Rights Centre and 6 others v Tthe Immigration Officer at Prague Airport, The Secretary of State for the Home Department: Admn 8 Oct 2002

There is an ‘administrative, financial and indeed social burden borne as a result of failed asylum seekers’. Judges: The Honourable Mr Justice Stanley Burnton The Honourable Justice Burton < Citations: [2002] EWHC 1989 (Admin), [2003] ACD 15 Links: Bailii Statutes: Immigration Act 1971 1 2 Jurisdiction: England and Wales Cited by: Appeal from – European … Continue reading European Roma Rights Centre and 6 others v Tthe Immigration Officer at Prague Airport, The Secretary of State for the Home Department: Admn 8 Oct 2002

Regina (Majead) v Immigration Appeal Tribunal, Secretary of State for the Home Department Interested Party: CA 1 Apr 2003

The applicant had arrived in England to apply for asylum but had then been moved to Scotland. A decision of the adjudication officer in Scotland had been heard by the Immigration Appeal Tribunal sitting in London. The claimant sought a High Court review of that decision in London. Held: The review could only be conducted … Continue reading Regina (Majead) v Immigration Appeal Tribunal, Secretary of State for the Home Department Interested Party: CA 1 Apr 2003

Suthendran v Immigration Appeal Tribunal: HL 1977

The Appellant had been given leave under section 3(1)(b) of the 1971 Act to enter and remain in the United Kingdom for 12 months. Before it expired, he applied for his leave to be varied by way of extension under section 3(3)(a) of the Act. The respondent refused the application; in consequence, the Appellant appealed … Continue reading Suthendran v Immigration Appeal Tribunal: HL 1977

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

Association Nationale D’Assistance Aux Frontieres Pour Les Etrangers v Ministre de l’Interieur, de l’Outre-mer, des Collectivites territoriales et de l’Immigration: ECJ 29 Nov 2011

ECJ Regulation (EC) No 562/2006 – Schengen Borders Code – Article 13 – Refusal of entry – Article 5 – Entry into the Schengen nationals of third countries subject to the visa requirement – Ministerial Circular – Back of third countries subject to the visa requirement and hold a temporary residence permit – Visa back … Continue reading Association Nationale D’Assistance Aux Frontieres Pour Les Etrangers v Ministre de l’Interieur, de l’Outre-mer, des Collectivites territoriales et de l’Immigration: ECJ 29 Nov 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

Samba Diouf v Minister of Labour, Employment and Immigration: ECJ 1 Mar 2011

ECJ (Area of Freedom, Security and Justice) Request by a citizen of a country seeking refugee status – Rejection of this request, as part of a national process accelerated in the absence of reasons justifying the granting of international protection – No appeal against the decision to submit the request for an expedited procedure – … Continue reading Samba Diouf v Minister of Labour, Employment and Immigration: ECJ 1 Mar 2011

BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: Admn 25 Feb 2011

The court was asked as to bail proceedings in the context of appeals to the Special Immigration Appeals Commission. Citations: [2011] EWHC 336 (Admin) Links: Bailii Statutes: Special Immigration Appeals Commission Act 1997 Crime, Human Rights Updated: 03 September 2022; Ref: scu.430082