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Secretary of State for the Home Department v Immigration Appeal Tribunal: Admn 9 Apr 2001

The application raised two issues: the Tribunal’s power to remit a case for rehearing by an adjudicator, and when an order made by a lone chairman of the Tribunal may be varied or set aside. The Tribunal only has the powers it is given. The two powers of remittal are not to be treated differently, … Continue reading Secretary of State for the Home Department v Immigration Appeal Tribunal: Admn 9 Apr 2001

BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: CA 19 Nov 2012

The Secretary of State wished to deport the applicant on the basis of his suspected involvement in acts of terrorism. An order for his deportation had been revoked by the respondent, but he had remained on very stringent bail conditions, since 2007. Held: The case failed on the article 6 issue because (i) the decision … Continue reading BB, Regina (on The Application of) v Special Immigration Appeals Commission and Another: CA 19 Nov 2012

European Roma Rights Centre and 6 others v Tthe Immigration Officer at Prague Airport, The Secretary of State for the Home Department: Admn 8 Oct 2002

There is an ‘administrative, financial and indeed social burden borne as a result of failed asylum seekers’. Judges: The Honourable Mr Justice Stanley Burnton The Honourable Justice Burton < Citations: [2002] EWHC 1989 (Admin), [2003] ACD 15 Links: Bailii Statutes: Immigration Act 1971 1 2 Jurisdiction: England and Wales Cited by: Appeal from – European … Continue reading European Roma Rights Centre and 6 others v Tthe Immigration Officer at Prague Airport, The Secretary of State for the Home Department: Admn 8 Oct 2002

Suthendran v Immigration Appeal Tribunal: HL 1977

The Appellant had been given leave under section 3(1)(b) of the 1971 Act to enter and remain in the United Kingdom for 12 months. Before it expired, he applied for his leave to be varied by way of extension under section 3(3)(a) of the Act. The respondent refused the application; in consequence, the Appellant appealed … Continue reading Suthendran v Immigration Appeal Tribunal: HL 1977

Regina v Immigration Appeal Tribunal ex parte Patel: HL 1988

The respondent, a stateless person with an identity certificate rather than a passport, had obtained entry clearance to the UK by falsely representing that he was a single man. Held: Where fraud has been exercised to obtain leave to enter that is a sufficient ground for exclusion of the fraudster from the United Kingdom on … Continue reading Regina v Immigration Appeal Tribunal ex parte Patel: HL 1988

BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 9 Nov 2007

The action group appealed against refusal of a judicial review of guidelines as to the employment of non-EU doctors, saying that they were in effect immigration rules and issuable only under the 1971 Act. The court had said that since the guidance did not apply to all health services it was principally an employment measure. … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: CA 9 Nov 2007

Lekstaka, Regina (on the Application of) v Immigration Appeal Tribunal and Another: Admn 18 Apr 2005

Collins J said: ‘one is entitled to see, whether in all the circumstances, this case falls within the spirit of the Rules or the policies, even if not within the letter.’ Judges: Collins J Citations: [2005] EWHC 745 (Admin) Links: Bailii Cited by: Dicta approved – SB (Bangladesh) v Secretary of State for the Home … Continue reading Lekstaka, Regina (on the Application of) v Immigration Appeal Tribunal and Another: Admn 18 Apr 2005

Al-Sabah (Sheikh Mohammed Nasser) v Immigration Appeal Tribunal: CA 1992

The applicant, a Kuwaiti citizen of previous good character had been ordered to be deported after serving a sentence for drugs and dishonesty. He sought review of the IAT’s refusal of his appeal, arguing that Rule 162 of the 1983 rules required the Home Secretary to apply the same rules to both EC and non-EC … Continue reading Al-Sabah (Sheikh Mohammed Nasser) v Immigration Appeal Tribunal: CA 1992

Regina v Immigration Appeal Tribunal, ex parte Alexander: HL 5 Jul 1982

The appellant had sought to enter the UK. She first showed an entry clearence certificate which had been obtained by deception. She then sought entry as a student. The officer refused, saying that he had no discretion in the matter. The plaintiff said that he did have a discretion, and that therefore the refusl was … Continue reading Regina v Immigration Appeal Tribunal, ex parte Alexander: HL 5 Jul 1982

Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991

ECJ The free movement of workers enshrined in Article 48 of the Treaty entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the purposes of seeking employment. The period of time for which the person seeking employment may stay may … Continue reading Regina v Immigration Appeal Tribunal, ex parte Antonissen: ECJ 26 Feb 1991

Regina v Governor of Richmond Remand Centre, Ex Parte Asghar: QBD 1971

The Secretary of State had detained two persons who were awaiting removal with the object that they should testify in a pending criminal trial. Lord Parker J rejected the suggestion that the detention could be justified as reasonable in these circumstances, stating: ‘it does seem to me that while a reasonable time is contemplated between … Continue reading Regina v Governor of Richmond Remand Centre, Ex Parte Asghar: QBD 1971

Regina v Immigration Appeal Tribunal, Ex Parte Saleem: QBD 11 Nov 1999

The rule which deemed an appellant to have received notice of the determination of his appeal two days after it was posted, irrespective of whether it in fact was received by him was ultra vires and unlawful. The effect of such a rule was draconian and could not be justified by reference to the Act … Continue reading Regina v Immigration Appeal Tribunal, Ex Parte Saleem: QBD 11 Nov 1999

Regina v Immigration Appeal Tribunal, Ex Parte Anderson, Regina v Immigration Appeal Tribunal, Ex Parte Khatib-Shahidi: QBD 22 Mar 2000

There is no appeal to the Immigration Appeal Tribunal against either a decision of an adjudicator to make or one to refuse to make a recommendation to the Secretary of State when he was himself refusing an appeal. Nor is such a decision subject to judicial review. This practice, unlike that on granting an appeal, … Continue reading Regina v Immigration Appeal Tribunal, Ex Parte Anderson, Regina v Immigration Appeal Tribunal, Ex Parte Khatib-Shahidi: QBD 22 Mar 2000

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008

The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006. Held: The secretary of state’s appeal failed. The fact that the guidance differentiated between NHS service and private medical care indicated that … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008

BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: QBD 9 Feb 2007

The claimants said that changes to the Highy Skilled Migrant Programme were unfairly introduced, that they had effectively barred non-EU doctors from applying for first tier doctor appointments, and that the guidance could properly be derived only . .

Acts

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X v Secretary of State for the Home Department: CA 7 Dec 2000

The court considered the effect of an immigrant’s mental illness on the Home Secretary’s powers to refuse to grant him exceptional leave to enter or remain. Citations: [2000] EWCA Civ 3026 Links: Bailii Statutes: Immigration Act 1971, Mental Health Act 1983, Human Rights Act 1998 Jurisdiction: England and Wales Immigration, Health, Human Rights Updated: 09 … Continue reading X v Secretary of State for the Home Department: CA 7 Dec 2000

Ogilvy, Regina (on the Application of) v Secretary of State for the Home Department: Admn 3 Aug 2007

The claimant sought to argue that paragraph 2A of Schedule 2 to the 1971 Act does not apply to indefinite leave to remain and to challenge the decision of the defendant to suspend his leave to remain pending further police enquiries relating to alleged criminal activity. Citations: [2007] EWHC 2301 (Admin) Links: Bailii Statutes: Immigration … Continue reading Ogilvy, Regina (on the Application of) v Secretary of State for the Home Department: Admn 3 Aug 2007

Hysaj and Others, Regina (On The Application of) v Secretary of State for The Home Department: CA 26 Nov 2015

Each of the three applicamts having been found to have lied in order to obtain British Nationality, now appealed against a decision that they were not in fact Britsh citizens. Judges: Kitchin, Floyd, Sales LJJ Citations: [2015] EWCA Civ 1195, [2015] WLR(D) 482, [2016] 1 WLR 673 Links: Bailii, WLRD Statutes: Immigration Act 1971 1(2) … Continue reading Hysaj and Others, Regina (On The Application of) v Secretary of State for The Home Department: CA 26 Nov 2015

B v Secretary of State for the Home Department: SIAC 30 Jul 2008

Appeal against an order made by the Secretary of State that it will be conducive to the public good that he should be deported, on the grounds that his removal is in the interests of national security. The appellant said that he would not be safe if he was deported to Algeria. The authorities there … Continue reading B v Secretary of State for the Home Department: SIAC 30 Jul 2008

Singh (Pargan) v Secretary of State for the Home Department: HL 10 Mar 1993

An issue arose as to whether the Secretary of State was required by section 18 of the Immigration Act 1981 to make regulations concerning the giving of notice of a decision for the purposes of appeal. if regulations were not made, the right of appeal conferred by the legislation could not have been exercised. Held: … Continue reading Singh (Pargan) v Secretary of State for the Home Department: HL 10 Mar 1993

Regina v Secretary of State for the Home Department ex parte Oladehinde: HL 18 Oct 1990

A decision at Senior Executive Officer level was accepted as appropriate in a deportation case. There was an express form of delegation, and acts of the immigration officers required to be regarded as the acts of the Home Secretary. Lord Griffiths said: ‘it would not be right to authorise an inspector to take a decision … Continue reading Regina v Secretary of State for the Home Department ex parte Oladehinde: HL 18 Oct 1990

Seye (Chen Children; Employment) France: UTIAC 28 Mar 2013

UTIAC (1) It is clear that income from illegal employment in the host Member State on the part of a parent of a ‘Chen’ child (Case c-200/02 Chen [2004] ECR I-9925) cannot create self-sufficiency for that child (W (China) and X (China) [2006] EWCA Civ 1494).(2) The proposition in MA and Others (EU national: self-sufficiency; … Continue reading Seye (Chen Children; Employment) France: UTIAC 28 Mar 2013

S and others v Secretary of State for the Home Department: CA 4 Aug 2006

The asylum applicants had complained that the appellant’s discretionary leave policy for the grant of temporary admissions was unlawful. As failed asylum seekers, they had been held on temporary admission rather than being granted discretionary leave to remain. They had been involved in the hijacking of an airliner in order to escape Afghanistan. The defendant … Continue reading S and others v Secretary of State for the Home Department: CA 4 Aug 2006

A, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Jul 2007

The applicant had had his application for asylum rejected. Pending deportation, he had been held in custody. The court had found his detention unlawful. Held: The Home Secretary’s appeal succeeded. The power to detain in such circumstances had to be for the purpose for which the power had been created, and the detention must not … Continue reading A, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Jul 2007

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

Syed (Curtailment of Leave – Notice) India: UTIAC 4 Mar 2013

UTIAC (1) The Immigration (Notices) Regulations 2003 do not apply to a decision under the Immigration Act 1971, which is not an immigration decision within the meaning of section 82 of the Nationality, Immigration and Asylum Act 2002.(2) There is no statutory instrument under the 1971 Act dealing with the means of giving notice for … Continue reading Syed (Curtailment of Leave – Notice) India: UTIAC 4 Mar 2013

Othman (Aka Abu Qatada) v Secretary of State for The Home Department: CA 27 Mar 2013

The appellant sought the deportation of the respondent to his home country of Jordan to face trial on terrorism related charges. The respondent said that evidence against him would have been obtained by torture, and challenged re-assurances accepted by the respondent as to the conduct of the trial. He said there was a real risk … Continue reading Othman (Aka Abu Qatada) v Secretary of State for The Home Department: CA 27 Mar 2013

B2 v Secretary of State for The Home Department (Deportation – Preliminary Issue – Allowed): SIAC 26 Jul 2012

The appellant was vietnamese by birth, but had later been granted British Citizenship. The Secretary of State came to seek to deprive him of that citizenship on conducive grounds for reasons of national security, and his deportation to Vietnam. The appellant appealed saying that the notice would leave him stateless. Held: If the result of … Continue reading B2 v Secretary of State for The Home Department (Deportation – Preliminary Issue – Allowed): SIAC 26 Jul 2012

Rex v BXR: CACD 10 Nov 2022

Judges: Lord Justice Popplewell Mr Justice Johnson And His Honour Judge Picton Citations: [2022] EWCA Crim 1483 Links: Bailii Statutes: Immigration Act 1971 24B, Fraud Act 2006 1, Identity Documents Act 2010 4(1) 4(2) Jurisdiction: England and Wales Crime Updated: 12 November 2022; Ref: scu.682710

Kings Castle Church v Okukusie: EAT 13 Jun 2012

EAT UNFAIR DISMISSAL – CompensationThe Employment Tribunal erred in law in awarding compensation for loss of earnings for a period after the Claimant’s leave to remain in this country, extended under Immigration Act 1971 section 3C(2)(c), had expired. Although the ET noted that the Claimant had been informed that the UKBA had refused his application … Continue reading Kings Castle Church v Okukusie: EAT 13 Jun 2012

Regina v Secretary of State for Home Department ex parte Rahman: CA 11 Dec 1996

Hearsay evidence is admissible when considering whether an applicant is an illegal entrant. Citations: Times 24-Dec-1996, Gazette 29-Jan-1997, [1996] EWCA Civ 1183 Statutes: Immigration Act 1971 Sch 2 Jurisdiction: England and Wales Citing: Appeal from – In Re Saidur Rahman QBD 18-Jul-1996 A court hearing a deportation review should see all the evidence, including hearsay … Continue reading Regina v Secretary of State for Home Department ex parte Rahman: CA 11 Dec 1996

Mirza and Others, Regina (on The Applications of) v Secretary of State for The Home Department: SC 14 Dec 2016

In each case the applicant had sought to extend their leave to remain within the necessary time scale, but their applications had been defective. In one case the required biometric information had not been supplied, and in the other two the fees had not been paid. Held: The appeals failed. The Regulations were explicit. If … Continue reading Mirza and Others, Regina (on The Applications of) v Secretary of State for The Home Department: SC 14 Dec 2016

Alam and Others v Secretary of State for The Home Department: CA 13 Jul 2012

Judges: Maurice Kay VP CA, Moore-Bick, Sullivan LJJ Citations: [2012] EWCA Civ 960 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Patel and Others v Secretary of State for The Home Department SC 20-Nov-2013 The court was asked as to the respective duties of the Secretary of State and the First-tier Tribunal, on … Continue reading Alam and Others v Secretary of State for The Home Department: CA 13 Jul 2012

Regina v Secretary of State for the Home Department ex parte Chahal: CA 27 Oct 1993

Chahal was a Sikh separatist leader who was refused asylum and whom the Secretary of State proposed to deport to India as a threat to national security here. Held: The Home Secretary must balance the need to deport against against any threat to the deportee’s safety, but his decision was only to be challenged if … Continue reading Regina v Secretary of State for the Home Department ex parte Chahal: CA 27 Oct 1993

Regina v Van Bingh Le; Regina v Stark: CACD 15 Oct 1998

A conviction for aiding entry of illegal immigrant will almost invariably lead to immediate imprisonment. Repeated offences, financial gain, involving relatives, and highly organised conspiracy were all aggravating factors. Citations: Times 15-Oct-1998 Statutes: Immigration Act 1971 25(1)(a) Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.88219

Regina v Eyck; R v Hadakoglu: CACD 8 Feb 2000

The offence of being knowingly concerned in making arrangements for illegal entry of aliens into the United Kingdom was committed if the constituents of the offence were shown. That did not necessitate the actual bringing of someone into the UK. Here the defendant had driven a van onto a ferry bound for Dover when illegal … Continue reading Regina v Eyck; R v Hadakoglu: CACD 8 Feb 2000

R v Eyck; R v Hadakoglu: CACD 3 Feb 2000

The offence of being knowingly concerned in making arrangements for illegal entry of aliens into the United Kingdom was committed if the constituents of the offence were shown. That did not necessitate the actual bringing of someone into the UK. Here the defendant had driven a van onto a ferry bound for Dover when illegal … Continue reading R v Eyck; R v Hadakoglu: CACD 3 Feb 2000

Miah and Others v Secretary of State for The Home Department: CA 7 Mar 2012

The applicant had been refused leave to remain as a Tier 2 (General) Migrant at a time even though he was only two months short of the five years’ continuous residence necessary to support a case for indefinite leave to remain under the rules. He argued that, in assessing whether his removal should be permitted … Continue reading Miah and Others v Secretary of State for The Home Department: CA 7 Mar 2012

M v the Secretary of State for the Home Department: CA 19 Feb 2003

The applicant had been given indefinite leave to remain in England, but was later convicted of indecent assault, and recommended for deportation. On appeal the court said that the order for deportation was disproportionate. After serving his sentence and on release. The respondent decided that he should be deported under the 1971 Act, but gave … Continue reading M v the Secretary of State for the Home Department: CA 19 Feb 2003

Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

The claimant challenged his continued detention under the 1971 Act after his appeal to the Immigration Appeal tribunal had been successful. He had been accused of rape, but was convicted of a sexual assault, though still serious. Before being released from his sentence, the respondent had authorised his continued detention under the 1971 Act. The … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for the Home Department: Admn 16 Jun 2003

Jollah, Regina (on The Application of) v The Secretary of State for The Home Department: CA 12 Jun 2018

Judges: Davis, Hickinbottom LJJ, Sir Stephen Richards Citations: [2018] EWCA Civ 1260, [2019] 1 WLR 394, [2018] WLR(D) 353 Links: Bailii Statutes: Immigration Act 1971 Jurisdiction: England and Wales Citing: Admin (1) – Jollah, Regina (on The Application of) v Secretary of State for The Home Department Admn 24-Feb-2017 Judicial review of refusal to lift … Continue reading Jollah, Regina (on The Application of) v The Secretary of State for The Home Department: CA 12 Jun 2018

Jollah, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Feb 2017

Judicial review of refusal to lift curfew conditions Citations: [2017] EWHC 330 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: See Also – Jollah, Regina (on The Application of) v Secretary of State for The Home Department (No 2) Admn 9-Nov-2017 Claim for damages for false imprisonment arising out of the imposition of what … Continue reading Jollah, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Feb 2017

Jollah, Regina (on The Application of) v Secretary of State for The Home Department (No 2): Admn 9 Nov 2017

Claim for damages for false imprisonment arising out of the imposition of what has been referred to as a curfew, namely a requirement that the claimant be present for a certain number of hours each day at specified premises after release from immigration detention centre. Judges: Lewis J Citations: [2017] EWHC 2821 (Admin) Links: Bailii … Continue reading Jollah, Regina (on The Application of) v Secretary of State for The Home Department (No 2): Admn 9 Nov 2017

D, Regina (on the Application Of) v Secretary of State for the Home Department and others: Admn 22 May 2006

An asylum-seeker held at a detention centre was not given a medical examination within 24 hours of her arrival at the centre as required by Rule 34 of the Detention Centre Rules 2001. It was further claimed that transfers to Oakington Detention centre on making claim for asylum was unlawful. Held: ‘The power to detain … Continue reading D, Regina (on the Application Of) v Secretary of State for the Home Department and others: Admn 22 May 2006

Regina v Belaifa (Idis Ali): CACD 3 Apr 1996

A Judge must state the reasons for recommending deportation or the order will be invalid. The defendant had been convicted of criminal damage being reckless as to whether wlife was endangered. In the absence of such reasons the defendant would be put in a position of being unable effectively to exercise his right of appeal. … Continue reading Regina v Belaifa (Idis Ali): CACD 3 Apr 1996

Regina v Secretary of State for the Home Department, Ex parte Zamir: CA 21 Dec 1979

The claimant appealed refusal of his request for a writ of habeas corpus. He had been detained for return to Pakistand. He had obtained an entry certificate, but then married, but did not disclose that on entry. Held: The failure amounted to a deception and the detention and intended removal were correct. Judges: Stephenson, Eveleigh … Continue reading Regina v Secretary of State for the Home Department, Ex parte Zamir: CA 21 Dec 1979

Bizimana, Regina (on The Application of) v Secretary of State for The Home Department: CA 2 Apr 2012

Appeal by a foreign national, who contends that his detention pending possible deportation was, or at least became, unlawful. Judges: Pill, Jackson, Sullivan LJJ Citations: [2012] EWCA Civ 414 Links: Bailii Statutes: Immigration Act 1971 3(5) Jurisdiction: England and Wales Torts – Other, Immigration Updated: 06 October 2022; Ref: scu.452409

George v Secretary of State for The Home Department: Admn 9 Dec 2011

The claimant sought judicial review of the refusal to reinstate his indefinite leave to remain after successfully appealing against a deportation order. Held: The claim failed. Bidder QC J said: ‘the wording of section 5 is tolerably clear and the other statutory or regulatory provisions touching on the question of deportation and revocation strongly suggest … Continue reading George v Secretary of State for The Home Department: Admn 9 Dec 2011

Regina v Naillie and Another: HL 14 Jul 1993

An entry into the UK at an airport, for immigration law purposes, was not on disembarkation, nor on going toward immigration control, but only took place when the immigration officer was approached. Citations: Independent 01-Jun-1993, Gazette 14-Jul-1993, Times 27-May-1993 Statutes: Immigration Act 1971 Jurisdiction: England and Wales Immigration Updated: 29 September 2022; Ref: scu.87408

Sapkota and Another (Pakistan) v Secretary of State for The Home Department: CA 15 Nov 2011

In each case, the respondent had refused an application for leave to remain, but had taken no prompt steps for their removal. The applicants now said that this rendered the original decision ‘not in accordance with the law’ under section 84(1)(e) of the 2002 Act. Judges: Arden, Jackson, Aikens LJJ Citations: [2011] EWCA Civ 1320, … Continue reading Sapkota and Another (Pakistan) v Secretary of State for The Home Department: CA 15 Nov 2011

Ram v JD Wetherspoon Plc: EAT 25 Aug 2011

EAT Unfair Dismissal : Compensation – Claimant of Indian nationality given leave to enter the UK on basis of work permit authorising employment by Respondent for five years – Claimant unfairly dismissed during fifth year – Tribunal caps compensation as at date of expiry of the five-year period on basis that it would have been … Continue reading Ram v JD Wetherspoon Plc: EAT 25 Aug 2011

Kishver v Secretary of State for the Home Department: UTIAC 5 Oct 2011

UTIAC (Limited Leave : Meaning) Pakistan – ‘Limited leave’ under s. 10(i)(a) of the Immigration and Asylum Act 1999 includes leave under s. 3C of the Immigration Act 1971. Judges: C M G Ockleton VP Citations: [2011] UKUT 410 (IAC) Links: Bailii Statutes: Immigration Act 1971 3C, Immigration and Asylum Act 1999 10(i)(a) Jurisdiction: England … Continue reading Kishver v Secretary of State for the Home Department: UTIAC 5 Oct 2011

AQ (Pakistan) v Secretary of State for The Home Department: CA 20 Jul 2011

The claimant appealed against a decision of the Upper Tribunal (Immigration and Asylum Chamber) dismissed his appeal against a decision of an Immigration Judge in turn dismissing his appeal under section 82 of the 2002 Act against the decision of the Home Secretary refusing to vary leave to remain in the United Kingdom pursuant to … Continue reading AQ (Pakistan) v Secretary of State for The Home Department: CA 20 Jul 2011

Patel (Revocation of Sponsor Licence – Fairness) India: UTIAC 6 Jun 2011

UTIAC (1) Immigration Judges have jurisdiction to determine whether decisions on variation of leave applications are in accordance with the law, where issues of fairness arise.(2) Where a sponsor licence has been revoked by the Secretary of state during an application for variation of leave and the applicant is both unaware of the revocation and … Continue reading Patel (Revocation of Sponsor Licence – Fairness) India: UTIAC 6 Jun 2011

Ali (S.76 – ‘Liable To Deportation’) Pakistan: UTIAC 24 May 2011

UTIAC The phrase ‘liable to deportation’ in s 3(5) of the Immigration Act 1971 includes, in the case of a person within s 3(5)(a), the notion of the Secretary of State’s deeming deportation to be conducive to the public good. The provision of s 32(4) of the UK Borders Act 2007, that a person subject … Continue reading Ali (S.76 – ‘Liable To Deportation’) Pakistan: UTIAC 24 May 2011

English Speaking Board (International) Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 12 Jul 2011

The claimant challenged the lawfulness of alterations to the Immigration Rules and the 2003 Regulations. Judges: Wyn Williams J Citations: [2011] EWHC 1788 (Admin) Links: Bailii Statutes: Immigration Act 1971 3(2), British Nationality (General) Regulations 2003, British Nationality Act 1981 41 Jurisdiction: England and Wales Immigration, Education Updated: 15 September 2022; Ref: scu.441592

SS, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 26 May 2017

The claimant sought asylum, claiming to be a child. Held: He was not a child when detained. However, he had been detained to secure his transfer to the responsible member state under the Dublin III scheme; that it had to be established that he posed a significant risk of absconding; and that his detention was … Continue reading SS, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 26 May 2017

S v Secretary of State for The Home Department: QBD 16 Jul 2012

Application for judicial review of detention pursuant to paragraph 2(3) of Schedule 3 to the Immigration Act 1971, pending his removal to Togo, following notice of a deportation order. Judges: Lang DBE J Citations: [2012] EWHC 1939 (QB) Links: Bailii Statutes: Immigration Act 1971 Jurisdiction: England and Wales Torts – Other, Immigration Updated: 13 September … Continue reading S v Secretary of State for The Home Department: QBD 16 Jul 2012

Alvi, Regina (on The Application of) v Secretary of State for The Home Department: Admn 25 Oct 2010

The claimant, a 32 year old Pakistani national, had been refused leave to remain as a Tier 2 (General) Migrant worker. He had worked as a physiotherapy assistant, and said that this should have entitled him to 50 points under the assessment system. Though his occupation did not qualify him of itself, he said that … Continue reading Alvi, Regina (on The Application of) v Secretary of State for The Home Department: Admn 25 Oct 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

Mansoor, Regina (on The Application of) v Secretary of State for The Home Department: Admn 23 Mar 2011

The claimant sought judicial review of the defendant’s decision not to allow her indefinite leave to remain in the UK with her husband and family. Held: On the facts presented, the interference with the applicant’s family life was such as to make it disproportionate under article 8 to remove her, notwithstanding that she was unable … Continue reading Mansoor, Regina (on The Application of) v Secretary of State for The Home Department: Admn 23 Mar 2011

Mirza and Others, Regina (on The Application of) v Secretary of State for The Home Department: CA 23 Feb 2011

The Secretary of State’s failure to make a removal decision at the same time as, or shortly after, the decision to refuse leave to remain was unlawful. Judges: Sedley, Rimer, Sullivan LJJ Citations: [2011] EWCA Civ 159, [2011] Imm AR 484 Links: Bailii Jurisdiction: England and Wales Cited by: Applied – Sapkota and Another (Pakistan) … Continue reading Mirza and Others, Regina (on The Application of) v Secretary of State for The Home Department: CA 23 Feb 2011

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

HM (Iraq) v The Secretary of State for The Home Department: CA 20 Oct 2010

Appeal against order for the deportation of the applicant to Iraq. Judges: Pill, Jackson, Patten LJJ Citations: [2010] EWCA Civ 1322 Links: Bailii Statutes: European Convention on Human Rights, Nationality Immigration and Asylum Act 2002, Immigration Act 1971 Jurisdiction: England and Wales Immigration, Human Rights Updated: 28 August 2022; Ref: scu.426703

HA and Another v Secretary of State for The Home Department: QBD 28 Jul 2010

The claimants sought damages in false imprisonment, saying that their detention in an immigration centre had been unlawful because their removal was not ‘imminent’. Judges: McCombe J Citations: [2010] EWHC 1940 (QB) Links: Bailii Statutes: Immigration Act 1971 Jurisdiction: England and Wales Torts – Other, Immigration Updated: 22 August 2022; Ref: scu.421258

English UK Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2010

Foskett J interpreted Pankina: ‘The Court of Appeal held that the revised criterion could not be put in place by virtue of a process of issuing guidance. The ratio of the decision appears to me to be that a provision that reflects a substantive criterion for eligibility for admission or leave to remain must be … Continue reading English UK Ltd, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2010

QI (Para 245Zx(I) Considered) Pakistan: UTIAC 6 Jul 2010

UKIAT The expression ‘current . . leave to remain’ in para 245ZX(I) of the Statement of Changes in the Immigration Rules HC 395 as amended must refer to an applicant’s/appellant’s substantive period of limited leave. Were it to denote extended leave under s.3C of the Immigration Act 1971 (‘s.3C leave’), the expression would be meaningless. … Continue reading QI (Para 245Zx(I) Considered) Pakistan: UTIAC 6 Jul 2010

MS (Palestinian Territories) v Secretary of State for The Home Department: SC 16 Jun 2010

The claimant faced removal and return to Palestine, but he said that he would not be accepted if returned. He had no ID card, birth certificate or living parents. He appealed against the decision of the IAT and now again from the Court of Appeal which said that there was no immigration decision within section … Continue reading MS (Palestinian Territories) v Secretary of State for The Home Department: SC 16 Jun 2010

HXA v The Home Office: QBD 21 May 2010

The claimant challenged as unlawful his administrative detention for 10 months pending deportation. Judges: King J Citations: [2010] EWHC 1177 (QB) Links: Bailii Statutes: European Convention of Human Rights 5, Immigration Act 1971 5(5) Jurisdiction: England and Wales Citing: Cited – A v Secretary of State for the Home Department, and X v Secretary of … Continue reading HXA v The Home Office: QBD 21 May 2010

Sedrati and Others, Regina (On the Application of) v Secretary of State for the Home Department: Admn 17 May 2001

The court was asked to consider a policy on the detention on release from prison of foreign national prisoners pending their anticipated deportation. Moses J granted a declaration that the terms of paragraph 2 of Schedule 3 of the 1971 Act do ‘not create a presumption in favour of detention upon completion of the sentence’. … Continue reading Sedrati and Others, Regina (On the Application of) v Secretary of State for the Home Department: Admn 17 May 2001

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

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

Regina v Secretary of State for the Home Department ex parte Malhi: CA 1990

Parliament would not have intended to give an adjudicator powers to review the decisions of the respondent which were co-extensive with those of a court in a judicial review since this would simply cause duplication. On the true construction of section 5(1) an adjucicator hearing an appeal under section 15 of the Act of 1971 … Continue reading Regina v Secretary of State for the Home Department ex parte Malhi: CA 1990

AS (Afghanistan) v Secretary of State for the Home Department: CA 20 Oct 2009

An appeal to the FTT covers not only any ground before the Secretary of State when she made the decision under appeal but also any grounds raised in response to a one-stop notice issued under section 120 of the 2002 Act, even if they had not been the subject of any decision by the Secretary … Continue reading AS (Afghanistan) v Secretary of State for the Home Department: CA 20 Oct 2009

Regina (Yaser Mahmood) v Secretary of State for Home Department: Admn 9 Aug 2001

The Home Secretary had served notice that the applicant was an illegal immigrant, and liable to deportation. An order had been made for the cross examination of the applicant. He had come to England to study, but soon dropped his immediate plans. He left and re-entered claiming an intention to start an alternative course. He … Continue reading Regina (Yaser Mahmood) v Secretary of State for Home Department: Admn 9 Aug 2001

Regina (on the application of Baram etc) v Secretary of State for the Home Department: Admn 7 Sep 2001

Asylum seekers had been detained on arrival in the UK, and then released. They challenged the propriety of the detention. The policy was that detention was appropriate where entry had been achieved through breach of immigration control, and did not depend upon whether the detainee might abscond. It appeared that the system worked for the … Continue reading Regina (on the application of Baram etc) v Secretary of State for the Home Department: Admn 7 Sep 2001

Abdi and others v Secretary of State for the Home Department: Admn 19 Dec 2008

The claimants, foreign nationals, had been detained pending deportation after completion of sentences of imprisonment. They challenged the policy that such deportees should be held by default pending deportation. Held: David J granted declarations that (i) paragraph 2 of Schedule 3 to the 1971 Act prohibits the Secretary of State from operating any policy in … Continue reading Abdi and others v Secretary of State for the Home Department: Admn 19 Dec 2008