Search Results for: Immigration and Asylum Act 1999 72(2)(a)

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Secretary of State for the Home Department, Regina on the Application of Soumahoro; Regina on the Application of Nadarajah; and similar: CA 19 Jun 2003

In each case asylum applicants had been certified as suitable to be returned to the first country at which they had arrived on fleeing their home countries. Held: To determine whether article 8 was engaged given the territoriality principle, the following should be considered. First, the claimant’s case in relation to his private life in … Continue reading Secretary of State for the Home Department, Regina on the Application of Soumahoro; Regina on the Application of Nadarajah; and similar: CA 19 Jun 2003

Bardiqi, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 14 Jul 2003

Application for judicial review of decisions by the Secretary of State certifying claims made on behalf of the claimant as manifestly unfounded in accordance with section 72(2)(a) of the Immigration and Asylum Act 1999. Citations: [2003] EWHC 1788 (Admin) Links: Bailii Statutes: Immigration and Asylum Act 1999 72(2)(a) Jurisdiction: England and Wales Immigration Updated: 20 … Continue reading Bardiqi, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 14 Jul 2003

Razgar, Regina (on the Application of) v Secretary of State for the Home Department: Admn 2002

The claimant challenged the respondent’s certificate that his appeal was manifestly unfounded. Held: The certificate was wrongly given. Judges: Richards J Citations: [2002] EWHC 2554 (Admin) Statutes: Immigration and Asylum Act 1999 72(2)(a) Jurisdiction: England and Wales Cited by: Appeal from – Secretary of State for the Home Department, Regina on the Application of Soumahoro; … Continue reading Razgar, Regina (on the Application of) v Secretary of State for the Home Department: Admn 2002

Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005

The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005

Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was manifestly unfounded. Held: Mental health was part of the respect for private life protected by article 8. … Continue reading Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

Tozlukaya v Secretary of State for the Home Department: CA 11 Apr 2006

Richards LJ said: ‘There is no dispute about the test to be applied by the Secretary of State in determining whether the respondent’s claim was ‘clearly unfounded’ within section 93(2) (b) of the 2002 Act. In relation to the same statutory language in section 115 of the 2002 Act, it was held in R (L) … Continue reading Tozlukaya v Secretary of State for the Home Department: CA 11 Apr 2006