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Regina v Secretary of State for the Home Department Ex Parte Abdi, Same v Same, Ex Parte Gawe: HL 15 Feb 1996

Two Somali nationals were refused asylum and sought to challenge a decision rejecting their claim that to be sent to Spain would be contrary to the United Kingdom’s obligations under the Geneva Convention of 1951. Held: Adjudicators are experts in their field and are provided with a great deal of background information in relation to … Continue reading Regina v Secretary of State for the Home Department Ex Parte Abdi, Same v Same, Ex Parte Gawe: HL 15 Feb 1996

Regina v Fraydon Navabi; Senait Tekie Embaye: CACD 11 Nov 2005

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

Singh v Secretary of State for the Home Department: IHCS 27 Jan 1999

It was wrong to say that an asylum seeker had the option of internal flight where, having once fled, he had been informed that he was being sought by the police and would be returned to the part where he had a well founded fear of persecution. Citations: Times 27-Jan-1999 Statutes: Asylum and Immigration Appeals … Continue reading Singh v Secretary of State for the Home Department: IHCS 27 Jan 1999

Regina v Secretary of State for the Home Department, ex parte Zeqiri: HL 24 Jan 2002

The applicant sought to resist an order for his return to Germany, the first country of call after escaping Kosovo. He asserted that Germany was not complying with its international obligations. He said the Gashi case had created a legitimate expectation that he would not be so returned, and that therefore his application for asylum … Continue reading Regina v Secretary of State for the Home Department, ex parte Zeqiri: HL 24 Jan 2002

B v Secretary of State for Home Department: CA 18 May 2000

The claimant had come to England as a child from Italy. As an adult, he was convicted of a sexual assault against his daughter, and after release from his prison sentence of five years, he now appealed against a deportation order, saying that the respondent had failed to take account of the length of time … Continue reading B v Secretary of State for Home Department: CA 18 May 2000

Regina v Secretary of State for the Home Department ex parte Abdi, Same v Same, ex parte Gawe: QBD 24 Feb 1994

The Secretary of State must state all the facts on which his opinion had based when ordering the deportation of an Asylum-seeker as to the safety of the destination country. ‘In a situation in which it is to be expected that most or all of the information about the asylum practices of third countries is … Continue reading Regina v Secretary of State for the Home Department ex parte Abdi, Same v Same, ex parte Gawe: QBD 24 Feb 1994

Regina v Secretary of State for the Home Department Ex Parte Ademola Onibiyo: QBD 24 Jan 1996

The applicant, a Nigerian, applied for judicial review of the respondent’s decision not to revoke a deportation order. He had overstayed his limited leave. He wanted the respondent to refer new material back to the immigration authorities. The respondent refused to treat this request as a new application. Held: A new ground for asylum arising … Continue reading Regina v Secretary of State for the Home Department Ex Parte Ademola Onibiyo: QBD 24 Jan 1996

Regina v Immigration Appeal Tribunal, ex Parte Jeyeanthan: Admn 3 Apr 1998

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

Regina v Secretary of State for the Home Department, Ex parte Yousaf Same v Same, Ex parte Jamil: CA 11 Jul 2000

A failure to appear at an earlier appeal which was through no fault of the appellant, should not be used by the Secretary as an excuse to defeat an appeal under the section. The Secretary of State should not treat the section as a safety net or fall back. It was in fact a secondary … Continue reading Regina v Secretary of State for the Home Department, Ex parte Yousaf Same v Same, Ex parte Jamil: CA 11 Jul 2000

Srimanoharan v Secretary of State for the Home Department: CA 29 Jun 2000

It was not proper for counsel to raise at an appeal from the Immigration Appeal Tribunal, a point which had not been argued at the appeal tribunal with a suggestion that the case be remitted to the tribunal for a re-hearing. The argument that the applicant properly feared prosecution rather than persecution had not been … Continue reading Srimanoharan v Secretary of State for the Home Department: CA 29 Jun 2000

Regina v Secretary of State for the Home Department and Another, ex parte Chowdry: CA 3 Mar 1998

The expedited procedure brought in for asylum appeals from a country certified as unlikely to persecute political opponents, applies also to claimants who had made their claim for asylum before the Act came in. Citations: Times 03-Mar-1998 Statutes: Asylum and Immigration Appeals Act 1993 1 Jurisdiction: England and Wales Immigration Updated: 11 May 2022; Ref: … Continue reading Regina v Secretary of State for the Home Department and Another, ex parte Chowdry: CA 3 Mar 1998

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

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

Regina v Immigration Appeal Tribunal Ex Parte Ali: QBD 25 Sep 1998

An adjudication officer, finding that an appeal had been abandoned, was entitled accordingly to decide the matter without consideration of the facts. The absence of statutory authority was decisive in view of long standing practice. Rules not ultra vires Citations: Times 25-Sep-1998 Statutes: Asylum and Immigration Act 1993, Asylum Appeals (Procedure) Rules 1996 (1996 No … Continue reading Regina v Immigration Appeal Tribunal Ex Parte Ali: QBD 25 Sep 1998

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

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

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

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

Regina v Secretary of State for the Home Department Ex Parte Onibiyo: CA 28 Mar 1996

More than one asylum claim may be made, but they must be sufficiently different to justify a second claim. The court considered when an application could be treated as having been finally determined and when it was necessary for the Secretary of State to consider afresh further representations that the applicant was entitled to refugee … Continue reading Regina v Secretary of State for the Home Department Ex Parte Onibiyo: CA 28 Mar 1996

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

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

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

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

Clift v Slough Borough Council and Another: QBD 6 Jul 2009

The claimant sought damages for defamation. The council had decided that she had threatened a member of staff and notified various people, and entered her name on a violent persons register. She alleged malice, the council pleaded justification and qualified privilege. She also complained of the breach of her data protection rights. She had been … Continue reading Clift v Slough Borough Council and Another: QBD 6 Jul 2009

Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006

The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue. An authorisation had been granted by an … Continue reading Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

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

Evans and Another, Regina (on The Application of) v Attorney General: SC 26 Mar 2015

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

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010

Ogunbiyi, Regina (on The Application of) v Southend County Court and Another: Admn 19 Mar 2015

Application for judicial review of a decision of a Circuit Judge at the County Court, (a) refusing permission to appeal again the judgment of a Deputy District Judge following a trial of the claim for damages again the claimant under a hire purchase agreement and (b) determining that the District Judge’s decision was within the … Continue reading Ogunbiyi, Regina (on The Application of) v Southend County Court and Another: Admn 19 Mar 2015

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

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

RT (Zimbabwe) and Others v Secretary of State for The Home Department: SC 25 Jul 2012

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

Bank Mellat v HM Treasury: QBD 11 Jun 2010

The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of the shares, the figure was 20% and soon to be reduced to 15%. It said … Continue reading Bank Mellat v HM Treasury: QBD 11 Jun 2010

Regina v Johnstone: HL 22 May 2003

The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act could become criminal. The prosecutor appealed the decision of … Continue reading Regina v Johnstone: HL 22 May 2003

Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled. Held: The result was to leave the … Continue reading Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

Chahal v The United Kingdom: ECHR 15 Nov 1996

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

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

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

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 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

A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009

The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009

Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was manifestly unfounded. Held: Mental health was part of the respect for private life protected by article 8. … Continue reading Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

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