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T v Secretary of State for the Home Department: HL 22 May 1996

The applicant for asylum had been involved in an airport bomb attack killing 10 people. Asylum had been refused on the basis that this was a non-political crime. Though the organisation had political objectives, those were only indirectly associated with the bomb attach which was disproportionate to those aims. Held: The involvement by the applicant … Continue reading T v Secretary of State for the Home Department: HL 22 May 1996

T v Secretary of State for the Home Department: CA 9 Nov 1994

Random violence without a causal connection with any political purpose was not a political crime. Judges: Lord Lloyd of Berwick Citations: Independent 04-Nov-1994, Times 09-Nov-1994 Statutes: Geneva Convention 1951 33(1) Jurisdiction: England and Wales Cited by: Appeal from – T v Secretary of State for the Home Department HL 22-May-1996 The applicant for asylum had … Continue reading T v Secretary of State for the Home Department: CA 9 Nov 1994

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

Hoxha and Another v Secretary of State for the Home Department: HL 10 Mar 2005

The claimants sought to maintain their claims for asylum. They had fled persecution, but before their claims for asylum were determined conditions in their home country changed so that they could no longer be said to have a well founded fear of persecution. Held: The decision on the grant required the fear to remain well … Continue reading Hoxha and Another v Secretary of State for the Home Department: HL 10 Mar 2005

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 much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

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: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Amuur v France: ECHR 25 Jun 1996

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 5-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings‘In order to determine whether someone has been ‘deprived of his liberty’ within the meaning of Article 5, the … Continue reading Amuur v France: ECHR 25 Jun 1996

Regina v Home Secretary, Ex parte Thirukumar: CA 1989

The court emphasised the fundamental importance of asylum decisions: ‘asylum decisions are of such moment that only the highest standards of fairness will suffice.’ Judges: Bingham LJ Citations: [1989] Imm AR 402 Jurisdiction: England and Wales Cited by: Cited – Regina v Secretary of State for the Home Department Ex Parte Abdi, Same v Same, … Continue reading Regina v Home Secretary, Ex parte Thirukumar: CA 1989

Regina v Immigration Appeal Tribunal and Another ex parte Shah: HL 25 Mar 1999

Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as visitors for six months. Both applicants subsequently applied for asylum on the ground that having been … Continue reading Regina v Immigration Appeal Tribunal and Another ex parte Shah: HL 25 Mar 1999

Horvath v Secretary of State for the Home Department: HL 7 Jul 2000

When considering the fear of prosecution in an applicant for asylum, the degree of persecution expected from individuals outside the government was to be assessed in the context also of the attitude of the government of the country to such persecution, and the level of protection it was prepared to offer. The failure of state … Continue reading Horvath v Secretary of State for the Home Department: HL 7 Jul 2000

Dursun v Secretary of State for the Home Department: 1993

The Home Secretary is able to collect information about the policies of other countries from many sources. Citations: [1993] Imm AR 169 Jurisdiction: England and Wales Cited by: Cited – 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 … Continue reading Dursun v Secretary of State for the Home Department: 1993

Regina v Secretary of State for the Home Department, Ex parte Mehari: QBD 1994

A Special Adjudicator is not limited to checking whether the Secretary of State has some material on which he might give such a certificate. He must make an independent judgment and consider de novo whether he is satisfied that the country was a safe country: ‘the discipline which this system imposes upon the Secretary of … Continue reading Regina v Secretary of State for the Home Department, Ex parte Mehari: QBD 1994

Noune v Secretary of State for the Home Department: CA 20 Dec 2000

Where a conscientious civil servant was threatened by insurgents who sought to persuade her to use her position to their advantage, but that civil servants could not expected to receive the protection of her estate from such insurgents, the Convention would give her protection as a refugee for asylum. The position of government employees in … Continue reading Noune v Secretary of State for the Home Department: CA 20 Dec 2000

Regina v Secretary of State for the Home Department, ex parte Musisi: HL 1987

Mr Musisi sought entry to the United Kingdom as a visitor from Kenya. When that application looked as though it might fail, he claimed political asylum as a refugee from Uganda. His application for asylum was refused on the basis that he had come from a safe third country, Kenya. This decision was challenged on … Continue reading Regina v Secretary of State for the Home Department, ex parte Musisi: HL 1987

In re Acosta: 1985

US Board of Immigration Appeals – Held: ‘We find the well-established doctrine of ejusdem generis, meaning literally, ‘of the same kind,’ to be most helpful in construing the phrase ‘membership in a particular social group.’ That doctrine holds that general words used in an enumeration with specific words should be construed in a manner consistent … Continue reading In re Acosta: 1985

Bolbol (Area Of Freedom, Security And Justice): ECJ 17 Jun 2010

ECJ Directive 2004/83/EC – Minimum standards for the qualification and status of third country nationals or stateless persons as refugees – Stateless person of Palestinian origin who has not sought protection or assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) – Application for refugee status – … Continue reading Bolbol (Area Of Freedom, Security And Justice): ECJ 17 Jun 2010

DH (Particular Social Group: Mental Health) Afghanistan: UTIAC 3 Jun 2020

1. The Geneva Convention relating to the Status of Refugees 1951 provides greater protection than the minimum standards imposed by a literal interpretation) of Article 10(1)(d) of the Qualification Directive (Particular Social Group). Article 10 (d) should be interpreted by replacing the word ‘and’ between Article 10(1)(d)(i) and (ii) with the word ‘or’, creating an … Continue reading DH (Particular Social Group: Mental Health) Afghanistan: UTIAC 3 Jun 2020

Liversidge v Sir John Anderson: HL 3 Nov 1941

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

ZN (Afghanistan) and Others v Entry Clearance Officer (Karachi): SC 12 May 2010

The Court was asked what rules apply to family members seeking entry to the United Kingdom, where the sponsor was given asylum and then obtained British citizenship. The ECO had said that the ordinary family members rules applied, where the claimants said that the joint relative rules applied, under which they would not be required … Continue reading ZN (Afghanistan) and Others v Entry Clearance Officer (Karachi): SC 12 May 2010

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 status because of the additional rights that would bring. In each case an applicant had … Continue reading Adan v Secretary of State for the Home Department: HL 6 Apr 1998

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 two standards of protection for refugees. Article 33 prevented the return of anyone to … Continue reading ST Eritrea, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Mar 2012

JS (Sri Lanka), Regina (on The Application of) v Secretary of State for The Home Department: SC 17 Mar 2010

The asylum seeker was accused of complicity in war crimes in Sri Lanka. He had worked as an intelligence officer but his cover had been broken and he fled to the UK. It was said that he was excluded from protection as an asylum seeker. Held: The Home Secretary’s appeal failed. Article 28 is to … Continue reading JS (Sri Lanka), Regina (on The Application of) v Secretary of State for The Home Department: SC 17 Mar 2010

Regina v Home Secretary, ex parte Sivakumaran: HL 16 Dec 1987

The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the Convention. Held: When deciding whether an asylum applicant’s fear of persecution was … Continue reading Regina v Home Secretary, ex parte Sivakumaran: HL 16 Dec 1987

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