Category Archives: Immigration
Regina (Yogathas) -v- Secretary of State for the Home Department; CA 9-Sep-2001
When assessing the propriety of an order requiring an asylum seeker to be removed and returned to a third country, it was wrong to look at the processes which might be applied by that third country. The court should look … Continue reading
Filed under Human Rights, Immigration
Regina -v- Pierre Bouchereau; ECJ 27-Oct-1977
Europa The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme … Continue reading
Filed under Crime, European, Immigration
Bagdanavicius and Another, Regina (on the Application of) -v-; HL 26-May-2005
The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum.Held: It was for the person claiming the protection of the Convention provisions for ill-treatment to show that … Continue reading
Filed under Human Rights, Immigration
Mark -v- Mark; HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her presence … Continue reading
Filed under Family, Immigration
Regina on the Application of Santia Yogathas -v- Secretary of State for Home Department; Admn 25-May-2001
When asking whether it was correct to certify the removal of an asylum seeker to a third country, in the light of a country’s compliance with the Convention, the issue should be approached in an intensely practical fashion. The question … Continue reading
Filed under Immigration
Regina -v- Secretary of State for the Home department, ex parte Musisi; HL 1987
Mr Musisi sought entry to the United Kingdom as a visitor from Kenya. When that application looked as though it might fail, he claimed political asylum as a refugee from Uganda. His application for asylum was refused on the basis … Continue reading
Filed under Immigration
Szoma -v- Secretary of State for Work and Pensions; CA 30-Jul-2003
The applicant, a foreign national had been given temporary admission to the UK. He received income support. But this ceased after his asylum application was rejected, and he remained resident.Held: The legislation now made specific reference to the concept of … Continue reading
Filed under Benefits, Immigration
Regina -v- Secretary of State for the Home Department, ex parte Adan, Same, ex parte Aitsegeur; HL 20-Dec-2000
The Convention gave protection to an asylum seeker fearing persecution by non-state agents in his country of origin where that government was unable or unwilling to provide protection. France and Germany did not recognise this right, and therefore an asylum … Continue reading
Filed under Immigration, International
Regina -v- Secretary of State for the Home Department, Ex Parte Thangarasa; Same Ex parte Yogathas; HL 17-Oct-2002
The applicants were asylum seekers who had been ordered to be returned to Germany, the country to which they had first escaped, for their asylum claims to be dealt with. They objected, asserting that Germany would not deal with their … Continue reading
Filed under Human Rights, Immigration
T -v- Secretary of State for the Home Department; HL 22-May-1996
The applicant for asylum had been involved in an airport bomb attack killing 10 people. Asylum had been refused on the basis that this was a non-political crime. Though the organisation had political objectives, those were only indirectly associated with … Continue reading
Filed under Human Rights, Immigration
