Category Archives: Immigration

European Roma Rights Centre and others -v- Immigration Officer at Prague Airport and Another; CA 20-May-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 … Continue reading

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Filed under Human Rights, Immigration

Hoxha and Another -v- Secretary of State for the Home Department; CA 14-Oct-2002

The applicant sought asylum. He had suffered persecution, and continued to suffer the effects of that persecution on his health. He appealed a refusal which was on the basis that the conditions which led to the persecution would not now … Continue reading

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Filed under Immigration

Adan -v- Secretary of State for the Home Department; HL 6-Apr-1998

A fear of persecution which was justified only historically, was insufficient to justify an asylum claim. The applicant must show justification for contemporary fears. The applicant had been granted exceptional leave to remain in the UK, but wanted full refugee … Continue reading

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Filed under Immigration

Regina -v- Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others; HL 9-Dec-2004

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 … Continue reading

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Filed under Discrimination, Immigration

ST Eritrea, Regina (on The Application of) -v- Secretary of State for The Home Department; SC 21-Mar-2012

The Tribunal had confirmed the appellant’s refugee status, but the respondent had ordered nevertheless that she be returned. The judge’s order setting aside that decision had been overturned in the Court of Appeal.Held: The claimant’s appeal failed. The Convention set … Continue reading

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Filed under Human Rights, Immigration

Secretary of State for The Home Department -v- ST (Eritrea); CA 9-Jun-2010

The Secretary of State appealed against an order requiring him to recognise the respondent as a refugee and to grant permissions accordingly. His ddecision to order her return had been contrary to a finding of the Asylum and Immigration Tribunal.Held: … Continue reading

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Filed under Immigration

Horvath -v- Secretary of State for the Home Department; CA 2-Dec-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 … Continue reading

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Filed under Immigration

Regina -v- Secretary of State for the Home Department ex parte Bugdaycay; HL 19-Feb-1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation.Held: … Continue reading

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Filed under Administrative, Human Rights, Immigration

MO (Illegal Exit – Risk On Return) Eritrea CG; UTIAC 27-May-2011

(i) The figures relating to UK entry clearance applications since 2006 – particularly since September 2008 – show a very significant change from those considered by the Tribunal in MA (Draft evaders-illegal departures-risk) Eritrea CG [2007] UKAIT 00059 and are … Continue reading

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Filed under Immigration

Szoma -v- Secretary of State for the Department of Work and Pensions; HL 28-Jul-2005

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 … Continue reading

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Filed under Benefits, Immigration