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 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 Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not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
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 applicants were asylum seekers, but also had disabilities, and sought housing assistance from the local authorities. The authorities replied that they had no duty to provide housing because of the Immigration Act. Held: The 1948 Act provided care where no other was available. The need for rehousing here arose in part from the applicant’s … Continue reading Regina (Mani) v Lambeth London Borough Council, Regina (Tasci) v Enfield London Borough Council, Regina (J) v Same: Admn 18 Apr 2002
The applicant was an asylum seeker reliant upon the respondent for housing, being otherwise destitute. She sought housing which would not split up her extended family. She claimed that the regulations excluded from the respondent’s decision making process an element, her right to respect for family life, which he was obliged under the Convention to … Continue reading Hetoja, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 24 Oct 2002
New regulations created a system under which applicants for asylum could be deprived of all benefits on the decision of an asylum support adjudicator. That person was appointed by the Home Secretary, and it was alleged was not impartial. It was argued that the system was dispensing discretionary benefits, and not rights, and that a … Continue reading Regina (on the Application of Husain) v Secretary of State for the Home Department: QBD 5 Oct 2001
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
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The applicants said this was discriminatory and infringed their human rights. Held: Legislation which prevented marriages of convenience between aliens and … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Apr 2006
The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England. Held: The rules were not justified by evidence that a sufficient number of sham marriages, or that the number of such marriages had any overall … Continue reading Secretary of State for the Home Department v Baiai and others: CA 23 May 2007
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
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 court considered the entitlement to housing support of nationals of other EEA states receiving Income Support here despite their being still subject to immigration control. Held: Such EEA nationals were eligible for housing benefit. The 2000 regulations were in conflict with guidance given by the Secretary of State. Judges: Buxton, Lloyd, Richards LJJ Citations: … Continue reading London Borough of Barnet v Ismail and Another: CA 6 Apr 2006
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
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 lawful presence, and required this before an entitlement to benefits arose. The case of … Continue reading Szoma v Secretary of State for Work and Pensions: CA 30 Jul 2003
The claimants sought a declaration that part of the Regulations were invalid, and an infringement of their human rights. The Regulations sought to exempt church schools from an obligation not to discriminate against homosexual teachers. Held: The Regulation was within the scope of the Directive. Though a member state had some freedom in implementing a … Continue reading Regina (Amicus etc) v Secretary of State for Trade and Industry: Admn 26 Apr 2004
The grant of temporary admission to the UK pending an decision on his asylum status, did not create a full ‘lawful presence’ in the UK. A person seeking to qualify for housing assistance had to be lawfully present within the UK, and temporary admission did not create a sufficient status by virtue of section 11. … Continue reading Murat Kaya v Haringey London Borough Council and Another: CA 14 Jun 2001
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
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
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
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on their families. They said the removals would be discriminatory. Held: To justify … Continue reading AL (Serbia) v Secretary of State for the Home Department; Rudi v Same: HL 25 Jun 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
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 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 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 plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents. Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding … Continue reading Liversidge v Sir John Anderson: HL 3 Nov 1941
The claimant had entered as a student, and then stayed under a work permit. New rules were brought in, and because his occupation as a physiotherapy assistant was not listed, he was not credited with sufficient points for a permit. The Court of Appeal upheld his claim saying that the use of a list not … Continue reading Alvi, Regina (on The Application of) v Secretary of State for The Home Department: SC 18 Jul 2012
Exercise of Prerogative Power is Reviewable The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions. Held: The exercise of a prerogative power of a public nature may be, subject to constraints of national security and … Continue reading Council of Civil Service Unions v Minister for the Civil Service: HL 22 Nov 1984
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it was vitiated by bias, and in breach of his right to freedom of … Continue reading A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service: SC 9 Dec 2009
Proper Reply Opportunity Required on Deportation (Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of the day decided that he should … Continue reading Chahal v The United Kingdom: ECHR 15 Nov 1996
Account taken of circumstances wihout ambiguity The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside. Held: Investors having once assigned their causes of action to the ICS, could not later … Continue reading Investors Compensation Scheme Ltd v West Bromwich Building Society: HL 19 Jun 1997
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 House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only needs, other than for a home and subsistence, are for medication prescribed by his doctor … Continue reading M, Regina (on the Application of) v Slough Borough Council: HL 30 Jul 2008
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court. Held: The governor was in contempt of court. Subject to any legislation altering the situation, a prisoner retains all his rights that are not taken … Continue reading Raymond v Honey: HL 4 Mar 1981
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 . .
At the claimants alleged that the rules requiring a foreign spouse or partner of a British citizen or a person settled in this country to pass a test of competence in the English language before coming to live here were an unjustifiable interference . .
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 . .
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