Search Results for: European Convention on Human Rights art 14

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QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Judges: Sedley, Longmore, Maurice Kay LJJ Citations: [2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251 Links: Bailii Statutes: European Convention on Human Rights 2 3, Directive 2004/83/EC Jurisdiction: England and Wales Citing: Examined – Elgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009 Europa (Grand Chamber) Directive 2004/83/EC – Minimum … Continue reading QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009

Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore subject to security round-ups of such people which occurred when the … Continue reading Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995

Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey. Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. … Continue reading Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

ECHR Article 10-1 Freedom to impart information Freedom to receive information Award of costs against journalists for destroying evidence in order to protect their sources: inadmissible Facts – The first applicant was a correspondent on and the second applicant the editor of the Irish Times. In 2006 the newspaper published an article containing references to … Continue reading Keena And Kennedy v Ireland (Dec): ECHR 30 Sep 2014

FK (Democratic Republic of Congo) v Secretary of State for the Home Department: CA 14 Dec 2007

Appeal in which the issue centres around the concept of proportionality in applying Article 8 of the European Convention on Human Rights (‘the ECHR’), particularly where there has been significant delay on the part of the Secretary of State in dealing with an application for leave to remain in the United Kingdom. Citations: [2007] EWCA … Continue reading FK (Democratic Republic of Congo) v Secretary of State for the Home Department: CA 14 Dec 2007

Revenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool: Admn 21 May 2014

The Coroner, conducting an investigation into a person’s death, issued notices under para 1(2) of Schedule 5 to the Coroners and Justice Act 2009, requiring the Revenue and Customs Commissioners to provide occupational information concerning the deceased for the purpose of investigating whether he had died as a result of an industrial disease. The Commissioner … Continue reading Revenue and Customs, Regina (on The Application of) v HM Coroner for The City of Liverpool: Admn 21 May 2014

MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

(i) A decision of the Secretary of State not to grant indefinite leave to remain to a person subject to the restricted leave policy (‘the RL policy’) does not normally engage Article 8 of the European Convention on Human Rights. However, Article 8 may be engaged by a decision to refuse to grant indefinite leave … Continue reading MBT, Regina (on The Application of) v Secretary of State for The Home Department (Restricted Leave; ILR; Disability Discrimination): UTIAC 13 Dec 2019

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004

The patient had been detained under the Act and was incapable of making an application for her freedom. Held: There was a duty on the state to ensure that mechanisms were made available to a patient to apply to review her continued detention where she was herself incompetent to make such an application. Having been … Continue reading MH, Regina (on the Application of) v Secretary of State for the Department of Health: CA 3 Dec 2004

Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

The Claimants’ complaints alleged the unlawfulness pursuant to Article 8 (and collaterally Article 10) of the European Convention of Human Rightsof certain assumed activities of the Security Service (also, and colloquially, known as MI5), the Secret Intelligence Service (and similarly also known as MI6) and the Government Communications Headquarters. Judges: Burton J P Citations: [2014] … Continue reading Liberty (The National Council of Civil Liberties) v The Government Communications Headquarters and Others: IPT 5 Dec 2014

N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

The appellant a foreign national, had been convicted of very serious sex offences, and as his sentence came to an end was ordered to be deported. He appealed saying this infringed his right to a family life. Held: The court had to balance the public revulsion at his crimes with the need for compassion. The … Continue reading N (Kenya) v The Secretary of State for the Home Department: CA 5 Aug 2004

J1 v Secretary of State for The Home Department: CA 27 Mar 2013

The applicant said that his proposed deportation to Ethiopia would infringe his article 3 rights, and in particular whether SIAC was entitled to conclude that assurances given by the Ethiopian Government were a satisfactory safeguard, even though not all the arrangements for monitoring fulfilment of those assurances were in place. Judges: Jackson, Elias, Treacy LJJ … Continue reading J1 v Secretary of State for The Home Department: CA 27 Mar 2013

Ismail v Secretary of State for Home Department: Admn 26 Mar 2013

The court was asked as to the extent of the Secretary of State’s discretion and obligation to consider a person’s Article 6 rights when requested personally to serve a judgment of an overseas court pursuant to a request for mutual legal assistance from the government of the country of that overseas court. The Claimant said … Continue reading Ismail v Secretary of State for Home Department: Admn 26 Mar 2013

Lord Carlile of Berriew and Others, Regina (on The Application of) v Secretary of State for The Home Department: CA 20 Mar 2013

The applicants complained of the refusal of a visitors permit by the respondent to an eminent Iranian dissident. Held: The appeal was dismissed. Although the decision was an interference in the human rights of the applicants, that intereference had been supported by clear justification. Judges: Arden, Patten, McCombe LJJ Citations: [2013] EWCA Civ 199 Links: … Continue reading Lord Carlile of Berriew and Others, Regina (on The Application of) v Secretary of State for The Home Department: CA 20 Mar 2013

Department for Work and Pensions v Courts: Admn 3 May 2006

The appellant challenged stays of proceedings by the respondent magistrates court for abuse of process infringing the defendants’ human right to a fair trial. The magistrates had fund that being faced with dismissal of a summary case through delay, the appellant had increased the charges adding allegations of dishonesty which had not been put to … Continue reading Department for Work and Pensions v Courts: Admn 3 May 2006

Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013

UTIAC 1. In cases to which the new Immigration Rules introduced as from 9 July 2012 by HC 194 apply, judges should proceed by first considering whether a claimant is able to benefit under the applicable provisions of the Immigration Rules designed to address Article 8 claims. Where the claimant does not meet the requirements … Continue reading Izuazu (Article 8 – New Rules) Nigeria: UTIAC 30 Jan 2013

Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

The Appellant has presented a claim in the Employment Tribunal in which she alleges that she was dismissed by the Respondent and that the dismissal amounted to sex discrimination and/or victimisation on the ground that she had done a protected act, contrary to the Equality Act 2010. She appeals against the Employment Tribunal’s refusal to … Continue reading Steer v Stormsure Ltd (Sex Discrimination, Human Rights): EAT 21 Dec 2020

V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 2012

The claimant complains about the police’s continued retention of information relating to him on the Police National Computer, retention which is said to be in breach of his rights under Article 8 of the European Convention on Human Rights. Judges: Richards LJ, Ouseley J Citations: [2012] EWHC 3430 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading V, Regina (on The Application of) v Commissioner of Police for The City of London: Admn 14 Nov 2012

JK, Regina (on The Application of) v The Secretary of State for The Home Department and Another: Admn 20 Apr 2015

JK a transgender (M-F) was biological father to two children sought the right to be described on the birth register as parent Judges: Mr Justice Hickinbottom Citations: [2015] EWHC 990 (Admin), [2015] 2 FCR 131, [2015] HRLR 10, [2016] 1 All ER 354 Links: Bailii Statutes: European Convention on Human Rights 8 14, Births and … Continue reading JK, Regina (on The Application of) v The Secretary of State for The Home Department and Another: Admn 20 Apr 2015

Stefanetti And Others v Italy: ECHR 15 Apr 2014

Article 1 of Protocol No. 1 Article 1 para. 1 of Protocol No. 1 Peaceful enjoyment of possessions Loss of two-thirds of old-age pension as a result of introduction of legislation effectively deciding outcome of pending litigation against the State: violation Article 6 Civil proceedings Article 6-1 Fair hearing Introduction of legislation effectively deciding outcome … Continue reading Stefanetti And Others v Italy: ECHR 15 Apr 2014

Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

The claimants were shareholders in Railtrack. They complained that the respondent had abused his position to place the company into receivership so as to avoid paying them compensation on a repurchase of the shares. Mr Byers was accused of ‘targeted malice.’ They also complained of an interference with their possessions. Held: The claim failed. The … Continue reading Weir and others v Secretary of State for Transport and Another: ChD 14 Oct 2005

Campbell v Frisbee: ChD 14 Mar 2002

The defendant appealed a summary judgement on the claimant’s claim with respect to her alleged disclosure of details Miss Campbell’s private life. The claimant sought an action for account of profits for breach of the terms of a contract of service. The defendant claimed that a violent assault by the claimant on her was a … Continue reading Campbell v Frisbee: ChD 14 Mar 2002

Baka v Hungary: ECHR 27 May 2014

ECHR Article 6 Civil proceedings Article 6-1 Access to court Inability of Supreme Court President to contest premature termination of his mandate: violation Article 10 Article 10-1 Freedom of expression Premature termination of Supreme Court President’s mandate as a result of views expressed publicly in his professional capacity: violation Facts – The applicant, a former … Continue reading Baka v Hungary: ECHR 27 May 2014

Banks v Revenue and Customs (Inheritance Tax : Human Rights): FTTTx 15 Oct 2018

Exemption from IHT for gifts to political parties – section 24 Inheritance Tax Act 1984 – whether breach of European Convention on Human Rights – whether breach of European Union law Citations: [2018] UKFTT 617 (TC), [2019] SFTD 304, [2019] STI 214 Links: Bailii Jurisdiction: England and Wales Inheritance Tax, Human Rights Updated: 24 October … Continue reading Banks v Revenue and Customs (Inheritance Tax : Human Rights): FTTTx 15 Oct 2018

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

Rodzevillo v Ukraine: ECHR 14 Jan 2016

Citations: 38771/05 (Judgment (Merits and Just Satisfaction) : Court (Fifth Section)), [2016] ECHR 74 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: See also – Rodzevillo v Ukraine ECHR 17-Dec-2019 ECHR Judgment : Article 3 – Prohibition of torture : Fifth Section Committee . . Lists of cited by and … Continue reading Rodzevillo v Ukraine: ECHR 14 Jan 2016

Hamalainen v Finland: ECHR 16 Jul 2014

Grand Chamber Citations: 37359/09 – Grand Chamber Judgment, [2014] ECHR 787, [2014] ECHR 974, [2015] 1 FCR 379 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – Hamalainen v Finland ECHR 16-Jul-2014 ECHR Grand Chamber – Article 8-1 Respect for family life Respect for private life Refusal to … Continue reading Hamalainen v Finland: ECHR 16 Jul 2014

SC v The United Kingdom: ECHR 14 Sep 2011

Citations: [2011] ECHR 1670, 60958/00 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – SC v The United Kingdom ECHR 15-Jun-2004 Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; … Continue reading SC v The United Kingdom: ECHR 14 Sep 2011

Ashlarba v Georgia: ECHR 15 Jul 2014

ECHR Article 7-1 Nullum crimen sine lege Use of undefined colloquial expression in definition of criminal offence: no violation Facts – In 2005 the Georgian legislature created a series of new offences designed to assist in the fight against organised crime. As part of a wider legislative package Article 223(1) of the Criminal Code was … Continue reading Ashlarba v Georgia: ECHR 15 Jul 2014

Zornic v Bosnia and Herzegovina: ECHR 15 Jul 2014

ECHR Article 46-2 Execution of judgment Measures of a general character Respondent State required to establish without delay political system in which all citizens have the right to stand for elections without discrimination Article 14 Discrimination Ineligibility to stand for election without declaration of affiliation to one of constitutionally defined ‘constituent peoples’: violation Article 1 … Continue reading Zornic v Bosnia and Herzegovina: ECHR 15 Jul 2014

Whitefield v General Medical Council: PC 14 Nov 2002

The doctor had been allowed to continue in practice only on condition that he did not drink alcohol and that he complied with other conditions to support that restriction. He challenged it as an infringement of his human rights. Held: The conditions were in pursuit of a legitimate aim, and in the wider interest of … Continue reading Whitefield v General Medical Council: PC 14 Nov 2002

Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012

The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. Judges: Richards, Stanley Burnton, Gross LJJ Citations: [2012] EWCA Civ 358 Links: Bailii … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012

Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012

The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an organisation which had in the past supported terrorism, and had first … Continue reading Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012

OPO v MLA and Another: QBD 18 Jul 2014

A boy now sought an interim injunction to restrain his father, the defendant classical musician, from publishing his autobiography which mentioned him. The book would say that the father had suffered sexual abuse as a child at school. Held: OPO’s claim was an attempt by the mother to stop the father from selling his life … Continue reading OPO v MLA and Another: QBD 18 Jul 2014

C, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: Admn 18 Jul 2014

The court was asked as to the extent to which the State should retain personal information about citizens, and whether its policies or practices for doing so comply with the human rights of those citizens. It arose in the instant case in a heightened form because the information relates to the sensitive personal data of … Continue reading C, Regina (on The Application of) v Secretary of State for Work and Pensions and Another: Admn 18 Jul 2014

AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011

UTIAC 1) Whilst section 2 of the Human Rights Act 1998 and its associated case law requires United Kingdom tribunals in general to give effect to the jurisprudence of the European Court of Human Rights, including that Court’s guidance on how to approach evidence in international protection cases, the weighing of evidence and the drawing … Continue reading AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011

Regina on the Application of Szuluk v The Governor of HMP Full Sutton and the Secretary of State for the Home Department: CA 29 Oct 2004

Right of prison to read correspondence with doctor Judges: The Master Of The Rolls Lord Justice Sedley Lord Justice Neuberger Citations: [2004] EWCA Civ 1426, [2004] EWHC 2652 (Admin) Links: Bailii, Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Citing: Appeal from – Szuluk, Regina (on the Application of) v HM … Continue reading Regina on the Application of Szuluk v The Governor of HMP Full Sutton and the Secretary of State for the Home Department: CA 29 Oct 2004

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same: CA 19 Jul 2001

The applicants had been disciplined whilst in prison, and suffered various penalties including the loss of remission. They argued that the penalties had been imposed in breach of their human rights and that the protection given for intimate searches was inadequate. Held: Although the proceedings may have the effect of postponing the prisoners release, in … Continue reading Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same: CA 19 Jul 2001

Palau Martinez v France: ECHR 15 Sep 2010

Citations: 64927/01, [2010] ECHR 1428 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Palau Martinez v France ECHR 16-Dec-2003 A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the … Continue reading Palau Martinez v France: ECHR 15 Sep 2010

AA, Regina (on The Application of) v Secretary of State for The Home Department: SC 10 Jul 2013

The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he was aged over 18. It is now an agreed … Continue reading AA, Regina (on The Application of) v Secretary of State for The Home Department: SC 10 Jul 2013

Sturnham, Regina (on The Application of) v Parole Board, Secretary of State for Justice: Admn 14 Mar 2011

S was serving a term of life imprisonment. After serving the tariff, his detention should have been reviewed. After several serious delays, and a decision that he should instead be transferred to open conditions, he brought proceedings for judicial review challenging the lawfulness of the decision taken by the Parole Board following a hearing, and … Continue reading Sturnham, Regina (on The Application of) v Parole Board, Secretary of State for Justice: Admn 14 Mar 2011

Hobbs, Richard, Walsh And Geen v United Kingdom: ECHR 14 Nov 2006

Two widowers complained that the widows bereavement tax allowance given only to women after the death of a husband was discriminatory. Held: Whilst article 14 did not prevent different treatment in order to correct factual inequalities between the sexes, it would be discriminatory if, as here, there was no objective and reasonable justification. The original … Continue reading Hobbs, Richard, Walsh And Geen v United Kingdom: ECHR 14 Nov 2006

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Saleem v Secretary of State for Home Department: CA 13 Jun 2000

A rule which deemed service on an asylum applicant two days after postage of a special adjudicator’s determination irrespective of whether it was in fact received was outside the powers given to the Secretary, and is of no effect. The Act gave power to make rules, but the receipt of the determination was fundamental to … Continue reading Saleem v Secretary of State for Home Department: CA 13 Jun 2000

Faulkner, Regina (on The Application of) v Secretary of State for Justice The Parole Board: CA 14 Dec 2010

The claimant sought damages saying that his detention in prison beyond the minimum period pending a review was unlawful when that review was delayed. He now appealed against dismissal of his claim when he had not appeared at court, being unlawfully at large. Held: The appeal was allowed: ‘(1) Mr Faulkner had suffered a breach … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice The Parole Board: CA 14 Dec 2010

Secretary of State for The Home Department v DD (Afghanistan): CA 10 Dec 2010

The claimant appealed against rejection of his claim for asylum and protection on human rights grounds. He said that if returned to Afghanistan he would face a real risk of serious harm. Judges: Pill, Rimer, Black LJJ Citations: [2010] EWCA Civ 1407 Links: Bailii Statutes: Geneva Convention relating to the Status of Refugees (1951), Immigration, … Continue reading Secretary of State for The Home Department v DD (Afghanistan): CA 10 Dec 2010

Makhlouf v Secretary of State for The Home Department: SC 16 Nov 2016

(Northern Ireland) The appellant (born in Tunisia) was made subject to a deportation order. He had married a UK citizen and they had a child. After moving to the UK, at various times, the relationship broke down and he was convicted of several offences. The most serious was for an assault with a weapon which … Continue reading Makhlouf v Secretary of State for The Home Department: SC 16 Nov 2016

Martynov v Ukraine: ECHR 14 Dec 2006

Citations: 36202/03, [2006] ECHR 1081 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 August 2022; Ref: scu.248152

Verlagsgruppe News Gmbh v Austria: ECHR 14 Dec 2006

The applicant newspaper had quoted a letter defamatory of a politician which had earlier been published by another paper in the context. The Court said: ‘of its reportage about the then pending defamation proceedings against Mr Heller [the author of the letter] which, involving several . . politicians on the one hand and a well-known … Continue reading Verlagsgruppe News Gmbh v Austria: ECHR 14 Dec 2006

Tarsasag A Szabadsagjogokert v Hungary: ECHR 14 Apr 2009

The court upheld a complaint by the Hungarian Civil Liberties Union that, contrary to article 10, it had been refused access to details of a complaint in connection with drugs policy on the basis that details of the complaint could not be released, according to domestic law, without the consent of the author. Held: After … Continue reading Tarsasag A Szabadsagjogokert v Hungary: ECHR 14 Apr 2009

FA (Iraq) v Secretary of State for The Home Department: CA 18 Jun 2010

The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the humanitarian protection claim. Held: The claimant’s appeal succeeded. He … Continue reading FA (Iraq) v Secretary of State for The Home Department: CA 18 Jun 2010

Bary and Another, Regina (on the Application of) v Secretary of State for the Home Department: Admn 7 Aug 2009

The defendants resisted extradition to the US to face charges of conspiracy to murder US citizens, saying that as suspected terrorists the likely prison conditions in which they would be held would amount to inhuman or degrading treatment or punishment. Held: The applications failed. There is no one standard applicable across the world as to … Continue reading Bary and Another, Regina (on the Application of) v Secretary of State for the Home Department: Admn 7 Aug 2009

HA (Iraq) v Secretary of State for The Home Department: CA 22 Jul 2014

HA, an Iraqi national arrived in the United Kingdom some time in 2000. He made an asylum claim in 2002 which was rejected and the appeal was dismissed. However, he remained in the United Kingdom without leave and was fined for possessing Class A and C drugs in 2005. He was later convicted on counts … Continue reading HA (Iraq) v Secretary of State for The Home Department: CA 22 Jul 2014

Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

The claimant appealed against a decision withdrawing his British citizenship, saying that this would leave him stateless. Judges: Mummery, Maurice Kay, Hooper LJJ Citations: [2010] EWCA Civ 212 Links: Bailii Statutes: British Nationality Act 1981 40(4) Jurisdiction: England and Wales Citing: At CA (1) – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006 The … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 12 Mar 2010

EB v France: ECHR 14 Mar 2007

A homosexual woman complained that she had not been allowed to adopt a child. Her application was rejected by the French administrative court on grounds based substantially upon her sexual orientation. Held: The provision was an unlawful discrimination. The denial of adoption to a woman in a same sex relationship could not be justified: ‘The … Continue reading EB v France: ECHR 14 Mar 2007

Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Gibraltar – The claimant challenged a public housing allocation policy which gave preference to married couples and parents of children, excluding same sex and infertile couples. Held: The aim of discouraging homosexual relationships is equally impermissible under sections 7(1) and 14 of the Constitution of Gibraltar. The suggested aims are incoherent and the means employed … Continue reading Rodriguez v Minister of Housing of The Government and Another: PC 14 Dec 2009

Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

IR and GT v The United Kingdom: ECHR 28 Jan 2014

Judges: Ineta Ziemele, P Citations: 63339/12 – Admissibility Decision, [2014] ECHR 340, 14876/12 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Legal Summary – IR and GT v The United Kingdom (Dec) ECHR 28-Jan-2014 ECHR Article 8 Expulsion Exclusion orders based on undisclosed national security grounds: inadmissible Facts – The case … Continue reading IR and GT v The United Kingdom: ECHR 28 Jan 2014

Khan v The United Kingdom (Dec): ECHR 28 Jan 2014

Article 1 Jurisdiction of states Absence of territorial jurisdiction in respect of immigrant applicant who had voluntarily returned to his country of origin Facts – The applicant, a Pakistani national, came to the United Kingdom in 2006 on a student visa. In 2009 he and four other Pakistani nationals were arrested on suspicion of conspiracy … Continue reading Khan v The United Kingdom (Dec): ECHR 28 Jan 2014

Treial v Estonia (Dec): ECHR 28 Jan 2014

ECHR Article 35-1 – Exhaustion of domestic remedies Effective domestic remedy Claim for compensation before the administrative courts in respect of complaint concerning length of civil proceedings: effective remedy Facts – In his application to the European Court, the applicant complained of the length of domestic civil proceedings to which he had been a party. … Continue reading Treial v Estonia (Dec): ECHR 28 Jan 2014

MH v The Secretary of State for The Home Department: SCS 30 Aug 2011

MH sought the reduction of a decision of the Secretary of State for the Home Department to refuse his claim under Article 8 of the Convention for leave to remain in the United Kingdom. Judges: Beckett QC J Citations: [2011] ScotCS CSOH – 143 Links: Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: Scotland … Continue reading MH v The Secretary of State for The Home Department: SCS 30 Aug 2011

Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009

The applicants were subject to control orders. They were ‘light touch’, not involving a deprivation of liberty. Judges: Collins J Citations: [2009] EWHC 2927 (Admin), [2010] 1 WLR 1542, [2010] UKHRR 344 Links: Bailii Statutes: European Convention on Human Rights 6 Cited by: Cited – King, Regina (on The Application of) v Secretary of State … Continue reading Secretary of State for The Home Department, Regina (on The Application of) v BC and Another: Admn 11 Nov 2009