Whether an asylum applicant had a well founded fear of persecution if he returned home, is always a question of fact and degree, and could not be made a question of law. Even so where there was a clear risk of repeated rather than single beatings if the applicant returned, it was likely that the … Continue reading Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999
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
(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
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
The claimants in two separate claims apply to renew ex parte injunctions, obtained without notice, until trial. The claims arise out of proposals by the Home Office to use two hotels to accommodate asylum seekers. Judges: The Hon Mr Justice Holgate Citations: [2022] EWHC 2868 (KB) Links: Bailii, Judiciary Statutes: Immigration and Asylum Act 1999 … Continue reading Ipswich Borough Council v Fairview Hotels (Ipswich) Ltd and Another: KBD 11 Nov 2022
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
Where a notice of liability was served on a transport operator with regard to his responsibility for transporting illegal immigrants into the country, and he wished to challenge it, the proper approach was to allow the notice to expire, and then to defend any proceedings brought. Given that way of dealing with it, it was … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Balbo B and C Auto Transporti Internazionali: Admn 22 Mar 2001
The appellant had – in a fictitious identity that was not that of another, real, person – claimed and been granted asylum, indefinite leave to remain and British citizenship. The Secretary of State for Work and Pensions accepted that the appellant was not ‘a person subject to immigration control’ within the meaning of section 115 … Continue reading ED v Secretary of State for Work and Pensions: UTAA 15 Dec 2020
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking … Continue reading Smith and Grady v The United Kingdom: ECHR 27 Sep 1999
Can a person who would otherwise be a ‘person subject to immigration control’ under Immigration and Asylum Act 1999, s 115(9) rely on the provisions of SI 2000/636 which exempt a member of a family of a national of a state which is a party to the Oporto Agreement on the European Economic Area if … Continue reading Secretary of State for Work and Pensions v AS (CA) (Other Current Benefits, Residence and Presence Conditions): UTAA 4 Feb 2021
An asylum seeker who was found to be destitute and had failed in his application was entitled to restricted support under the section. The respondent implemented a policy restricting the restriction on the use of the power to those who had some physical impediment preventing movement. The applicant had not been evicted, but had had … Continue reading Salih and Another v Secretary of State for the Home Department: Admn 8 Oct 2003
Each defendant appealed saying that being themselves the victims of people trafficking, the prosecutions had failed to take into account its obligations under the Convention. Held: Prosecutors had ‘a three-stage exercise of judgment. The first is: (1) is there a reason to believe that the person has been trafficked? If so, then (2) if there … Continue reading LM and Others v Regina; Regina v M(L), B(M) and G(D): CACD 21 Oct 2010
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
A Brazilian mother came to the Netherlands in 1994 and set up home with a Dutch national but not applying for a residence permit. In 1996 they had a daughter who became a Dutch national. In 1997 they split up and the daughter remained with her father. It was eventually confirmed by the Dutch courts … Continue reading Rodrigues Da Silva and Hoogkamer v The Netherlands: ECHR 31 Jan 2006
The applicant complained under Article 8 that the Swiss authorities had not renewed his residence permit, after which he had been separated from his wife, a Swiss citizen and who could not be expected to follow him to Algeria. Switzerland argued that his conviction for an offence of violence was sufficient justification for interfering with … Continue reading Boultif v Switzerland: ECHR 2 Aug 2001
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
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the instigation of the government of Saudi Arabia, with a threat of ceasing co-operation in security arrangements. Held: The rule of … Continue reading Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another: Admn 10 Apr 2008
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
The claimants sought to maintain their claims for asylum. They had fled persecution, but before their claims for asylum were determined conditions in their home country changed so that they could no longer be said to have a well founded fear of persecution. Held: The decision on the grant required the fear to remain well … Continue reading Hoxha and Another v Secretary of State for the Home Department: HL 10 Mar 2005
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
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
The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal. Held: Provided she was not in breach of the removal order, the council had power to provide her with assistance. Though the authority had no duty … Continue reading M v London Borough of Islington and Another: CA 2 Apr 2004
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
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
The applicants sought to assert a local connection, having been housed in the respondent’s areas as destitute asylum seekers. Held: The accomodation was not one of the applicant’s choice, and therefore could not be relied upon to establish a local connection under the Act. The respondent’s decision to refer the applicants back to authorities in … Continue reading Al-Ameri, Osmani v Royal Borough of Kensington and Chelsea/London Borough of Harrow: CA 28 Feb 2003
Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
A local authority’s duty to an asylum seeker to provide the basics of life, did not extend to a third re-housing attempt after the applicant had twice been evicted for the use of violence and breaches of house rules. Citations: Times 20-Apr-1999, [1999] EWHC Admin 285, (1999) 2 CCLR 340 Links: Bailii Statutes: National Assistance … Continue reading Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim: Admn 31 Mar 1999
An appeal by the Home Secretary against a ruling that he had to use the same prescribed form as would be used by the asylum seeker. The use of a letter which omitted a substantial and important declaration was invalid. Lord Woolf MR made plain the court’s general reluctance to hold that the effect of … Continue reading Regina v Immigration Appeal Tribunal, ex Parte Jeyeanthan: Admn 3 Apr 1998
Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as visitors for six months. Both applicants subsequently applied for asylum on the ground that having been … Continue reading Regina v Immigration Appeal Tribunal and Another ex parte Shah: HL 25 Mar 1999
The degree of protection from non-state persecution available to an asylum seeker, is a relevant factor in asylum applications. Where that protection was inadequate, for reasons not related to the nature of that persecution, that also was relevant. It affected the issues of whether persecution existed, whether the fear of it was well founded, and … Continue reading Horvath v Secretary of State for the Home Department: CA 2 Dec 1999
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview. Held: The claim succeeded. The decision was quashed and must be retaken. If ever any case justified exceptional treatment, this was one. He had been held without trial for … Continue reading British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it … Continue reading Regina v Ministry of Defence Ex Parte Smith and Others: QBD 7 Jun 1995
The degree of protection from non-state persecution available to an asylum seeker is a relevant factor. Where that protection was inadequate for reasons not related to the nature of that persecution, that also was relevant. It affected the issues of whether persecution existed, whether the fear of it was well founded, and whether the fear … Continue reading Howarth v Secretary of State for the Home Department: CA 8 Dec 1999
The protection given to an asylum applicant is not lost by acts which might otherwise put his stay here in doubt, provided these were purely for the purpose, even if manipulative, of allowing him to stay. The test remains whether he has a well founded fear of persecution if he returned. Such behaviour would no … Continue reading Danian v Secretary of State for the Home Department: CA 9 Nov 1999
The fact that an asylum seeker might not refrain from activities which would attract persecution if he was returned to his country of origin, was not fatal to his application for asylum. There is only one question to be asked: whether, if returned, he would face a serious risk of persecution. The option of internal … Continue reading Ahmed (Iftikhar) v Secretary of State for the Home Department: CA 8 Dec 1999
When conducting an appeal from an administrative decision-maker, to what extent, if any, is a tribunal entitled to take account of matters that were not relied upon by the original decision-maker? Judges: McFarlane, Sharp LJJ Citations: [2017] EWCA Civ 1473 Links: Bailii Statutes: Immigration and Asylum Act 1999 Jurisdiction: England and Wales Immigration Updated: 05 … Continue reading Visa Joy Ltd and Another v Office of The Immigration Services Commissioner: CA 5 Oct 2017
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
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
Three conjoined claims for judicial review challenging decisions by the Secretary of State setting the level of weekly support payments to asylum seekers pursuant to sections 95 to 98 of the Immigration and Asylum Act 1999 Flaux J [2016] EWHC 2639 (Admin) Bailii England and Wales Benefits, Immigration Updated: 24 January 2022; Ref: scu.570547
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations. Held: The orders could not stand. Such orders were made by the executive without parliamentary scrutiny by the use of Orders in Council. Statutory provision for counter-terrorism was in … Continue reading HM Treasury v Ahmed and Others: SC 27 Jan 2010
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments. Held: The appeal failed (Majority). The A-G had not been free to rely upon section 53 to issue a certificate avoiding the requirement to disclose the … Continue reading Evans and Another, Regina (on The Application of) v Attorney General: SC 26 Mar 2015
Housing Review Standard – EU rules still applied The claimants challenged their housing as asylum seekers and victims of torture in former army barracks, saying that they were substandard. The Court was asked as to the correct method of review of adequacy after leaving the EU. Held: The claim succeeded. Linden J [2021] EWHC 1489 … Continue reading NB and Others, Regina (on The Application of) v Secretary of State for The Home Department: Admn 3 Jun 2021
The three asylum seeker appellants arrived in the United Kingdom at different times in possession of false passports. They were prosecuted for possession or use of false documents contrary to section 5, and for obtaining air services by deception under the Criminal Attempts Act. At the time, their applications to be accorded refugee status had … Continue reading Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999
The applicant children had been detained in immigration camps in Australia. They escaped and sought refuge in the British High Commission in Melbourne and claimed diplomatic asylum. They claimed in damages after being returned to the authorities in Australia. Held: Any threat to their safety was not sufficient to justify not returning them to the … Continue reading Regina on the Application of B and others v Secretary of State for the Foreign and Commonwealth Office: CA 18 Oct 2004
In order to prevent marriages of convenience in the UK the Secretary of State introduced a scheme under which certain persons subject to immigration control required her written permission to marry and would not receive it unless they were present in the UK pursuant to a grant of leave for more than six months of … Continue reading Baiai and others, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2008
The claimants said it would be wrong to return them to Zimbabwe where they would be able to evade persecution only by pretending to a loyalty to, and enthusiasm for the current regime. Held: The Secretary of State’s appeals failed. The HJ principle applied. It was wrong to require someone with no political beliefs to … Continue reading RT (Zimbabwe) and Others v Secretary of State for The Home Department: SC 25 Jul 2012
Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000
The applicant had claimed asylum on entry and was temporarily admitted. Though his claim for asylum was later refused, those admitted in this way were granted indefinite leave to remain. He had claimed and received benefits at first, but then these . .
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AIT Section 10 of the Immigration and Asylum Act 1999 has no application to an illegal entrant to the United Kingdom and hence, as a consequence, neither does paragraph 395 of HC 395. . .
(Interim Judgment) The respondent asylum seekers had been rescued in the Mediterranean and taken to an RAF base in Akrotiri on Cyprus, a sovereign base area. The court was now asked whether they were entitled, or should be permitted, to be resettled . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Whether an asylum applicant had a well founded fear of persecution if he returned home, is always a question of fact and degree, and could not be made a question of law. Even so where there was a clear risk of repeated rather than single beatings if . .
References: [1999] EWCA Civ 3010, [2000] 1 WLR 354, [1999] 3 All ER 231, [2000] Imm AR 10, [1999] INLR 241 Links: Bailii Coram: Lord Woolf MR Ratio:An appellant failed to use the prescribed form for his appeal, contrary to the Immigration Appeals (Procedure) Rules. There had not been substantial compliance with the Rules, although … Continue reading Jeyeanthan, Regina (on the Application of) v Secretary of State for the Home Department Respondent: CA 21 May 1999
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Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was provided accommodation by NASS, but was unhappy with it and sought … Continue reading Regina (on the Application of Mani) v London Borough of Lambeth: CA 9 Jul 2003
The claimant applied to be housed as a homeless person. The authority sought to refer him to a different authority under s198. As an asylum seeker, he had been given assistance both in Portsmouth and Southampton before coming to Ipswich. He said that he had not gone to Southampton freely, but had been placed there … Continue reading Ozbek v Ispwich Borough Council: CA 4 May 2006
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
The Claimant seeks judicial review of decisions of the Secretary of State relating to the provision of accommodation under Section 95 of the 1999 Act and the refusal of the Claimant’s request for travel expenses in order to assist him in visiting his son in Canterbury, his accommodation being near Portsmouth. Michael Kent QC HHJ … Continue reading MG, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 5 Nov 2015
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The applicant had been granted leave to enter the UK as a student. He challenged by way of review a decision to curtail that leave. He had taken part time work. Held: The decision to revoke the leave was unlawful. The statement said that he had been given leave to enter the country as a … Continue reading Kan Zhou v Secretary of State for the Home Department: CA 31 Jan 2003
The defendant appealed against his conviction in a case concerning the use of a false passport. The central issue was whether the appellant had a defence based upon the proposition that he was a refugee entitled to asylum in this country. He had been deported to Jamaica, but returned with a forged passport which was … Continue reading Evans, Regina v: CACD 23 Jan 2013
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the fifth had entered with his parents for settlement and had indefinite leave … Continue reading Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982
This application concerns the responsibility of the Secretary of State for the Home Department to provide, or arrange for the provision of, support for asylum seekers and their dependants. Specifically whether the Immigration and Asylum Act 1999 section 95 confers upon her an obligation to provide a bail address for a person applying for immigration … Continue reading Messaoud, Regina (on The Application of) v Secretary of State for The Home Department: Admn 5 Nov 2019
The defendant, an Ethiopian arrived in the UK on a forged passport. She came through immigration control at Heathrow, but then on the same day sought to leave to fly to the US. At that point she was arrested. She now appealed her conviction for attempting to obtain service by deception. Citations: [2006] EWCA Crim … Continue reading Regina v Asfaw: CACD 21 Mar 2006
A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue under a deed of covenant entered into … Continue reading Alfred Mcalpine Construction Limited v Panatown Limited: HL 17 Feb 2000
Judges: Lord Mackay Of Drumadoon And Lord Macfadyen And Lord Marnoch Citations: [2004] ScotCS 76 Links: Bailii Statutes: Immigration and Asylum Act 1999 Jurisdiction: Scotland Immigration Updated: 21 July 2022; Ref: scu.195160
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the legality of returning failed asylum applicants to Zimbabwe. Held: Despite allegations of … Continue reading SK, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Jan 2008
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
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 deported. She had children who also were in the UK, and did not wish to be separated from them, and was afraid of violence … Continue reading McPherson v Secretary of State for the Home Department: CA 19 Dec 2001
The defendants had been convicted of not having an immigration document when presenting themselves for interview. They had handed their passports to the ‘agents’ who had assisted their entry. Held: The jury should have been directed as to the defence of reasonable excuse and otherwise. The statute had to be read so as to comply … Continue reading Regina v Fraydon Navabi; Senait Tekie Embaye: CACD 11 Nov 2005
The claimant appealed refusal of his claim for asylum, saying that an order for his removal would breach his article 8 rights in separating him from his family. Held: The Tribunal was wrong to think that Advic said that family ties could never give rise to an article 8 infringement on removal. The issue was … Continue reading Nadarajah Senthuran v Secretary of State for the Home Department: CA 16 Jul 2004
The applicant sought admission to the UK. In the past he had made utterances which were capable of being racist. He claimed to have recanted, and had given undertakings as to his behaviour. At first instance it was held that the Home Secretary had failed to demonstrate an objective reason for refusing admission. It was … Continue reading Farrakhan, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Apr 2002
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000
When considering the fear of prosecution in an applicant for asylum, the degree of persecution expected from individuals outside the government was to be assessed in the context also of the attitude of the government of the country to such persecution, and the level of protection it was prepared to offer. The failure of state … Continue reading Horvath v Secretary of State for the Home Department: HL 7 Jul 2000
The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The Claimant was a Tamil from Sri Lanka claiming asylum. He was married in 1991; his wife was also Tamil. In 1995 his claim for asylum in Germany failed. What then happened was disputed. The Claimant said that he voluntarily returned to Sri Lanka, where he was imprisoned and tortured; that his wife procured his … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department: Admn 2 Dec 2002
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
US Board of Immigration Appeals – Held: ‘We find the well-established doctrine of ejusdem generis, meaning literally, ‘of the same kind,’ to be most helpful in construing the phrase ‘membership in a particular social group.’ That doctrine holds that general words used in an enumeration with specific words should be construed in a manner consistent … Continue reading In re Acosta: 1985
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
[1998] EWCA Civ 1116, [1999] Imm AR 176 Bailii England and Wales Cited by: Cited – BA (Nigeria) v Secretary of State for The Home Department and Others SC 26-Nov-2009 The court was asked whether the expression ‘an asylum claim, or a human rights claim’ in section 92(4)(a) of the 2002 Act includes any second … Continue reading Cakabay v Secretary of State for Home Department: CA 30 Jun 1998
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
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
The defendants appealed sentences of 7.5 and 3 years for conspiracy to facilitate illegal immigration. They had hired lorries with a view to bringing people in It was submitted that the sentences were outside the powers under the Act. The sentence had been increased to ten years. The conspiracy extended over the point where the … Continue reading Regina v Hobbs, Hobbs, Hobbs, Charge: CACD 14 Feb 2002
