Judges: Keith J Citations: [2006] EWHC 1608 (Admin) Links: Bailii Statutes: Asylum and Immigration (Treatment of Claimants etc) Act 2004 Jurisdiction: England and Wales Immigration Updated: 04 December 2022; Ref: scu.263471
The court gave its reasons for allowing the defendant’s appeal against his conviction for entering into the UK without a passport. He had given his passport to an agent purporting to arrange his entry and under whose control he was. He claimed refugee status from Eritrea. Held: The question was whether this amounted to a … Continue reading Asmeron v Regina: CACD 11 Apr 2013
The court considered and gave guidance on the re-consideration of cases by the Asylum and Immigration Appeal Tribunal after the 2004 Act, particularly as to the scope where there had been a possible error in law, and as to the procedures adopted. Held: In the absence of an error of law, a decision should be … Continue reading DK (Serbia) and others v Secretary of State for the Home Department: CA 20 Dec 2006
The claimants had applied for asylum, but had arrived from other EU countries. Their claims being dismissed, they were detained pending removal. They said that on return to Bulgaria, they would face harsh treatment. Citations: [2017] EWCA Civ 1871 Links: Bailii Statutes: European Convention on Human Rights 3, EU Charter of Fundamental Rights, Asylum and … Continue reading HK (Iraq) and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 23 Nov 2017
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 had successfully brought judicial review of the defendant’s policies concluding that the defendant had unlawfully interfered with their right to family life by effectively preventing them marrying under the 2004 Act. They now sought damages. Judges: Silber J Citations: [2006] EWHC 1035 (Admin) Links: Bailii Statutes: European Convention on Human Rights 12 14, … Continue reading Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department and Another: Admn 10 May 2006
The 2004 Act and Regulations operated to prevent the claimant marrying. He succeeded in challenging the regulations, and now sought damages. Judges: Silber J Citations: [2006] EWHC 1454 (Admin), [2006] HRLR 39, [2007] 1 WLR 735, [2006] 4 All ER 555 Links: Bailii Statutes: European Convention on Human Rights 12 14, Immigration (Procedure for Marriage) … Continue reading Baiai and Another, Regina (on the Application of) v Secretary of State for Home Department: Admn 16 Jun 2006
The Secretary of State appealed against a declaration that paragraph 3(2)(b) of Part 2 of Schedule 3 to the 2004 Act was incompatible with Article 3. The clause was said to restrict the Home Secretary from considering anything beyond the country guidance applicable to the case when deciding whether to order the failed asylum applicant’s … Continue reading Secretary of State for the Home Department v JN: CA 14 May 2008
The applicant had sought and been refused asylum. He was found to have come via Greece, and steps were put in place to return him there. He now complained that the provision which allowed no discretion to the respondent to look at his case when the third party country was listed as safe was in … Continue reading Nasseri v Secretary of State for the Home Department: Admn 2 Jul 2007
The defendant appealed by case stated against his conviction by the magistrates for entering the UK without a passport. He had relied on a false passport povided to him by an agent, and had returned it to the facilitator. He was therefore unable to present it on interview. Held: The appeal succeded. The Act was … Continue reading Thet v Director of Public Prosecutionsz: Admn 19 Oct 2006
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
Judges: Mr Justice Mitting Citations: [2012] EWHC 1207 (Admin) Links: Bailii Statutes: Asylum and Immigration (Treatment of Claimants etc) Act 2004 Jurisdiction: England and Wales Immigration Updated: 27 May 2022; Ref: scu.460339
SSHD must examine safety of country for return The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic deficiencies in the … Continue reading EM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department: SC 19 Feb 2014
When a court considered a case involving a question of whether an asylum applicant who had arrived in the UK without documents or with false documents, it had to balance properly the need for control over entry with the stark realities which faced a person fleeing persecution. Held: section 2(13) did not define a ‘false … Continue reading Mohammed, Regina v; Regina v Osman: CACD 16 Oct 2007
UTIAC (1) An out of country appeal may be made to the First-tier Tribunal by a person who has been removed to an EU member State pursuant to the Dublin Regulation (Council Regulation 343/2003/EEC). However, paragraph 6 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 precludes the appellant from … Continue reading VT (Dublin Regulation: Post-Removal Appeal) Sri Lanka: UTIAC 10 Sep 2012
Citations: [2020] EWCA Crim 783 Links: Bailii Statutes: Asylum and Immigration (Treatment of Claimants, etc) Act 2004 Jurisdiction: England and Wales Crime Updated: 04 October 2022; Ref: scu.654602
The claimant applied for judicial review of the decision to certify his asylum claim pursuant to the 2004 Act, on grounds that he might safely be removed to a third country, Cyprus, and to quash removal directions given to remove the Claimant to Cyprus. Held: There is ‘a significant evidential presumption’ that listed states will … Continue reading Elayathamby, Regina (on The Application of) v Secretary of State for The Home Department: Admn 11 Aug 2011
The defendant appealed against her conviction for trafficking a complainant into the United Kingdom for the purposes of exploitation, contrary to section 4 of the 2004 Act. Held: The appeal succeeded, and a retrial ordered. The court identified a hierarchy of denial of personal autonomy encapsulated in the concept of trafficking in Article 4 of … Continue reading Regina v SK: CACD 8 Jul 2011
The Court was asked whether the Defendant was entitled to certify the Claimant’s asylum claim as ‘clearly unfounded’ pursuant to Schedule 3, Part 2, paragraph 5(4) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. If that certification stands, the Claimant can be sent to Italy, as the Defendant seeks to do, and … Continue reading Rogee, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 Dec 2015
When imposing a sentence for offences under the Gangmaster Act of 2004, it could be proper in appropriate circumstances to take into account sentencing guidelines associated with the people trafficking legislation because they were intended to cope with similar evils. Sharp DBE LJ, Blake J, McCreath HHJ Rec [2014] EWCA Crim 2750, [2015] WLR(D) 85 … Continue reading Morkunas, Regina v: CACD 4 Nov 2014
The petitioner is a 29 year old Iranian national who entered the UK on 20 May 2013. He at that time claimed asylum and was detained by the respondent. Lord Bannatyne [2014] ScotCS CSOH – 1 Bailii Asylum & Immigration (Treatment of Claimants, etc) Act 2004 Scotland Immigration Updated: 28 November 2021; Ref: scu.519739
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 applicant had claimed asylum after fleeing Afghanistan to Greece and then to the UK. On the failure of his application, he would be returned to Greece, but objected that he would thence be returned to Afghanistan where his human rights would be infringed. Held: The appeal failed. The judge had erred. When considering a … Continue reading Secretary of State for the Home Department v Nasseri: HL 6 May 2009
The claimant challenged his detention under the 2002 Act. Irwin J [2010] EWHC 3137 (Admin) Bailii Asylum and Immigration (Treatment of Claimants, etc) Act 2004 England and Wales Immigration, Torts – Other Updated: 10 November 2021; Ref: scu.440873
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