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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

Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council: HL 12 Dec 1985

The House heard a judicial review of the Secretary of State’s assessment of the proper level of expenditure by a local authority. Held: A ‘low intensity’ of review is applied to cases involving issues ‘depending essentially on political judgment’.Lord Scarman said: ‘To sum it up, the levels of public expenditure and the incidence and distribution … Continue reading Regina v Secretary of State for the Environment, ex parte Nottinghamshire County Council: HL 12 Dec 1985

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

Palisetty v Secretary of State for The Home Department: QBD 21 Jul 2014

The claimant said that she had been wrongfully removed to India, and sought damages. Held: Slade DBE J said: ‘On the evidence on which the immigration officers acted and that which would have been available to them at the time, I find that they were justified in detaining the Claimant for examining her on arrival … Continue reading Palisetty v Secretary of State for The Home Department: QBD 21 Jul 2014

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

The Secretary of State for The Home Department v SS (Congo) and Others: CA 23 Apr 2015

The court considered the proper approach to be adopted, in light of new Immigration Rules promulgated in July 2012, to applications for leave to enter the United Kingdom by persons who are family members of someone already present here. Judges: Richards, Underhill, Sales LJJ Citations: [2015] EWCA Civ 387, [2015] WLR(D) 199, [2015] Imm AR … Continue reading The Secretary of State for The Home Department v SS (Congo) and Others: CA 23 Apr 2015

AM (Ethiopia) and others v Entry Clearance Officer: CA 16 Oct 2008

When applying for entry under a sponsorship arrangement, the three applicable rules disallowed third party support.Laws LJ said: ‘The immigrant’s article 8 rights will (must be) protected by the Secretary of State and the court whether or not that is done through the medium of the immigration rules. It follows that the rules are not … Continue reading AM (Ethiopia) and others v Entry Clearance Officer: CA 16 Oct 2008

Ali, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 27 Nov 2012

The court was asked as to the entitlement of the claimant to a British Passport by virtue of descent from the person he said was his father. Held: The decision of the IPS whether to issue or to withhold a British passport is one made under the Royal Prerogative which is subject to scrutiny on … Continue reading Ali, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 27 Nov 2012

Greater Manchester Police, Regina (on the Application of) v City of Salford Magistrates Court: Admn 21 Jul 2008

Sums of money had been found on a raid on factory premises where many illegal workers were found. The company appealed seizure of the money under the 2002 Act. Judges: Richards LJ, MacKay J Citations: [2008] EWHC 1651 (Admin) Links: Bailii Statutes: Immigration Act 1971, Proceeds of Crime Act 2002 Jurisdiction: England and Wales Crime, … Continue reading Greater Manchester Police, Regina (on the Application of) v City of Salford Magistrates Court: Admn 21 Jul 2008

Odelola v Secretary of State for the Home Department: CA 10 Apr 2008

The claimant applied for leave to remain in the United Kingdom as a postgraduate doctor. The immigration rules which had been laid before Parliament in accordance with section 3(2) of the 1971 Act and which were current at the time of her application stated that a person who had only an overseas medical degree was … Continue reading Odelola v Secretary of State for the Home Department: CA 10 Apr 2008

Halil and Another v Davidson: HL 3 Jul 1980

The appellants, Turkish Cypriots, arrived on visitor permits, but after extensions, were given notice that their leave to stay would come to an end. Held: The appeal failed. The notice given was in the form disapproved in Suthendram, but the adjudicator had been correct to refuse jurisdiction. Judges: Lord Wilberforce, Viscount Dilhorne, Lord Salmon, Lord … Continue reading Halil and Another v Davidson: HL 3 Jul 1980

Rudi, Regina (on the Application of) v Secretary of State for the Home Department: CA 14 Dec 2007

Carnwath LJ said of the ‘near-miss’ argument: ‘This argument is, in my view, based on a misconception. The Secretary of State is of course entitled to have a policy. The promulgation of the policy normally creates a legitimate expectation that it will be applied to those falling within its scope unless there is good reason … Continue reading Rudi, Regina (on the Application of) v Secretary of State for the Home Department: CA 14 Dec 2007

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

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019

The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia whether damages for false imprisonment were allowable under Factortame. Held: The appeals failed. Chapter 55 of the EIG … Continue reading Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Nov 2019

Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011

Regina v Secretary of State for the Home Department ex parte Oladehinde: Admn 1990

The Home Secretary authorised certain officials in the immigration department of the Home Office to act on his behalf to decide whether to issue a notice of intention to deport persons under the Immigration Act 1971. Held: The court granted orders of certiorari to quash each of the decisions to deport the claimants on the … Continue reading Regina v Secretary of State for the Home Department ex parte Oladehinde: Admn 1990

Regina v Secretary of State for The Home Department, Ex Parte To-Ming Lam: Admn 24 Jan 1994

Application for judicial review of the decision of an immigration officer declaring him to be an illegal entrant as defined by section 33(1) of the 1971 Act; that is a person who unlawfully entered in breach of the immigration laws. Judges: Dyson J Citations: [1994] EWHC 2 (Admin) Links: Bailii Statutes: Immigration Act 1971 3391) … Continue reading Regina v Secretary of State for The Home Department, Ex Parte To-Ming Lam: Admn 24 Jan 1994

In re Wasfi Suleman Mahmod: Admn 17 Jan 1994

Laws J considered the Hardial Singh principles, adding: ‘While, of course, Parliament is entitled to confer powers of administrative detention without trial, the courts will see to it that where such a power is conferred the statute that confers it will be strictly and narrowly construed and its operation and effect will be supervised by … Continue reading In re Wasfi Suleman Mahmod: Admn 17 Jan 1994

SB (Bangladesh) v Secretary of State for the Home Department: CA 31 Jan 2007

A Bangladeshi woman entered into an arranged polygamous marriage in Bangladesh and many years later dishonestly (led by her husband) obtained entry clearance as a visitor before then unsuccessfully seeking leave to remain as being financially dependent upon a daughter settled here. She was anxious to continue enjoying access rights to her younger son here. … Continue reading SB (Bangladesh) v Secretary of State for the Home Department: CA 31 Jan 2007

Chung Chi Cheung v The King: PC 2 Dec 1938

Hong Kong. Held: The applicant could not invoke any right under the rule of international law which placed upon a state a duty to receive its own national, because that rule was inconsistent with the domestic law. In modern times the idea of even a Government ship being a ‘floating island,’ belonging to and retaining … Continue reading Chung Chi Cheung v The King: PC 2 Dec 1938

Langley and others v Liverpool City Council and others: CA 11 Oct 2005

Families had challenged the removal of their children into the care of foster parents by the respondents. The family father, who was blind, had taken to driving. The respondents appealed findings that they had acted unlawfully and in breach of the human rights of the families. There had been an Emergency protection Order, but the … Continue reading Langley and others v Liverpool City Council and others: CA 11 Oct 2005

Mongoto v Secretary of State for the Home Department: CA 19 May 2005

Laws LJ referred to the argument that the applicant could derive ‘analogical support’ from the Concession, even though it did not in terms apply to him as a ‘spurious’ argument. Judges: Ward, Laws, Smith LJJ Citations: [2005] EWCA Civ 751 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Patel and Others v Secretary … Continue reading Mongoto v Secretary of State for the Home Department: CA 19 May 2005

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

The applicant who had entered England hidden in a lorry, claimed asylum, and had his claim rejected. It was said that as an Iraqi Kurd, he would be safe in the Kurdish area of Iraq. No safe means had been found of ensuring his return over some four years, and there was no immediate prospect … Continue reading Khadir, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Jun 2005

Regina v Soneji and Bullen: HL 21 Jul 2005

The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005

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

Nimmo v Alexander Cowan and Sons Ltd: HL 1967

The employer was prosecuted under the 1961 Act. Held: the burden of proving that it was not reasonably practicable to make and keep a place of work safe rested upon the defendant employer. If an exception was to be established, it was for the party claiming the exception to establish it. (Majority) Where a linguistic … Continue reading Nimmo v Alexander Cowan and Sons Ltd: HL 1967

Azam and Others v Secretary of State for The Home Department and Another: HL 11 Jun 1973

Immigration – Detention – Illegal entrant – Illegal entrant not given leave to enter or remain in United Kingdom – Detention pending directions for removal – Persons entering United Kingdom and present there in breach of immigration laws – Commonwealth immigrant – Immigrant entering United Kingdom clandestinely in breach of laws relating to Commonwealth immigrants … Continue reading Azam and Others v Secretary of State for The Home Department and Another: HL 11 Jun 1973

Waddington v Miah: HL 1 May 1974

HL Immigration – Statute controlling immigration – Retrospective operation – Penal provisions – Illegal entry – Possession of false passport – Whether statute creating offences in respect of acts performed before it came into force – Immigration Act 1971, ss 24(1)(a), 26(1)(d). Citations: [1974] UKHL 6, 138 JP 497, 59 Cr App Rep 149, [1974] … Continue reading Waddington v Miah: HL 1 May 1974

Shire v Secretary of State for Work and Pensions: CA 13 Oct 2003

The claimant, a Somali woman, had arrived at Gatwick Airport from Yemen at 10.30 pm on 29 August 1999 and not claimed asylum until 31 August (the intervening day being a bank holiday). Her reason for not claiming at Gatwick was that she was accompanied by an agent who unsurprisingly was concerned that nothing be … Continue reading Shire v Secretary of State for Work and Pensions: CA 13 Oct 2003

Ekinci, Regina (on the Application of) v Secretary of State for the Home Department: CA 17 Jun 2003

The appellant, a Turkish citizen entered illegally and claimed asylum. He falsely said he had not sought asylum in another EC country. He had lived in Germany for eight years, and had twice unsuccessfully claimed asylum. Shortly after arrangements were made for his removal to Germany, he married a woman whom he had known in … Continue reading Ekinci, Regina (on the Application of) v Secretary of State for the Home Department: CA 17 Jun 2003

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

Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed from refusal of a finding that his subsequent detention had been unlawful. Held: … Continue reading Lee-Hirons v Secretary of State for Justice: SC 27 Jul 2016

Gedi, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Oct 2015

Application for Judicial Review challenging the lawfulness of bail conditions (a curfew monitored by electronic tagging) imposed by the defendant during deportation proceedings under section 32(5) of the 2007 Act. Judges: Edis J Citations: [2015] EWHC 2786 (Admin), [2015] WLR(D) 405 Links: Bailii, WLRD Statutes: UK Borders Act 2007 Jurisdiction: England and Wales Cited by: … Continue reading Gedi, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Oct 2015

Jalloh, Regina (on the application of) v Secretary of State for the Home Department: SC 12 Feb 2020

Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971. Held: The Court of Appeal in Austin and in Walker were right to say that there could be imprisonment at common law … Continue reading Jalloh, Regina (on the application of) v Secretary of State for the Home Department: SC 12 Feb 2020

Secretary of State for the Home Department v JJ and others: HL 31 Oct 2007

The Home Secretary appealed against a finding that a non-derogating control order was unlawful in that, in restricting the subject to an 18 hour curfew and otherwise severely limiting his social contacts, the order amounted to such a deprivation of liberty as to be unlawful. Held: The appeal failed. When looking at the lawfulness of … Continue reading Secretary of State for the Home Department v JJ and others: HL 31 Oct 2007

Meering v Grahame-White Aviation Co Ltd: CA 1919

An unconscious or drugged person may be detained. For the tort of false imprisonment there must be shown a complete restriction in fact on the plaintiff’s freedom to move: ‘any restraint within defined bounds which is a restraint in fact may be an imprisonment.’ The court distinguished between restraint upon the plaintiff’s liberty which is … Continue reading Meering v Grahame-White Aviation Co Ltd: CA 1919

Gedi, Regina (on The Application of) v Secretary of State for Home Department: CA 17 May 2016

The court considered the power of the Secretary of State for the Home Department and her immigration officials to impose conditions of curfew and electronic monitoring on those who have been released from immigration detention pending the conclusion of deportation proceedings. Held: Paragraph 2(5) of Schedule 3 to the 1971 Act did not empower the … Continue reading Gedi, Regina (on The Application of) v Secretary of State for Home Department: CA 17 May 2016

Robertson v The Balmain New Ferry Company Ltd: PC 10 Dec 1909

High Court of Australia – The Plaintiff paid a penny on entering the wharf to stay there till the boat should start and then be taken by the boat to the other side. The Defendants were admittedly always ready and willing to carry out their part of this contract. Then the Plaintiff changed his mind, … Continue reading Robertson v The Balmain New Ferry Company Ltd: PC 10 Dec 1909

Syed Mahamad Yusuf-ud-Din v Secretary of State for India: 1903

For the tort of false imprisonment to be committed, the deprivation of liberty must be actual, rather than potential: ‘Nothing short of actual detention and complete loss of freedom would support an action for false imprisonment.’ Judges: Lord Macnaghten Citations: (1903) 19 TLR 496, (1903) 30 Ind App 154 Jurisdiction: England and Wales Citing: Approved … Continue reading Syed Mahamad Yusuf-ud-Din v Secretary of State for India: 1903

HL v United Kingdom: ECHR 10 Sep 2002

(Admissibility) Whether a detention amounts to a deprivation of liberty depends upon all the facts and circumstances of the particular case Citations: [2002] ECHR 850, 45508/99, [2004] 40 EHRR 761 Links: Bailii Jurisdiction: Human Rights Citing: At HL – In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS … Continue reading HL v United Kingdom: ECHR 10 Sep 2002

Walker v The Commissioner of The Police of The Metropolis: CA 1 Jul 2014

The minimal extent of a person’s detention by a police officer who was not exercising the power of arrest would not prevent his detention from being unlawful and amounting to false imprisonment. It was held to be false imprisonment for a police officer to stand in the front doorway of a house so as to … Continue reading Walker v The Commissioner of The Police of The Metropolis: CA 1 Jul 2014

Austin and Another v Commissioner of Police of the Metropolis: CA 15 Oct 2007

The claimants appealed dismissal of their claims for false imprisonment and unlawful detention by the respondent in his policing of a demonstration. They had been held within a police cordon in the streets for several hours to prevent the spread of violence. One claimant had been simply there on business. Held: The appeal failed. In … Continue reading Austin and Another v Commissioner of Police of the Metropolis: CA 15 Oct 2007

In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998

The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have been formally detained. Held: The appeal succeeded. His detention had not been … Continue reading In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998

McFadzean and Others v Construction Forestry Mining and Energy Union and Others: 13 Dec 2007

The Union set a picket round a camp set up by anti-logging protesters to prevent the protesters getting out. The protesters could have asked the police to escort them out, but that did not mean that they were not imprisoned until they did so. But the protesters could also have escaped at any time along … Continue reading McFadzean and Others v Construction Forestry Mining and Energy Union and Others: 13 Dec 2007

Regina (Linda Boafo) v Secretary of State for the Home Department: Admn 6 Feb 2001

The applicant had appealed a refusal to grant her permanent residence. The adjudicator granted her appeal, but the Home Secretary had declined on the bass that the adjudicator’s decision had not been accompanied by directions. Held: The decision was binding on the Secretary of State. Whilst there are some circumstances which might allow a re-opening … Continue reading Regina (Linda Boafo) v Secretary of State for the Home Department: Admn 6 Feb 2001

Secretary of State for the Home Department v Saadi, Maged, Osman, Mohammed: CA 19 Oct 2001

The Secretary appealed against a decision that the detention of certain asylum applicants was unlawful. The detention was for a limited period, but he had put forward no reason for the detentions of the individuals. Held: The Act authorised detention up to the point where a decision was made. The Act empowered detention not for … Continue reading Secretary of State for the Home Department v Saadi, Maged, Osman, Mohammed: CA 19 Oct 2001

Farrakhan v Secretary of State for the Home Department: QBD 1 Oct 2001

The applicant challenged the Home Secretary’s decision to exclude him from the UK, on the grounds that his presence would exacerbate tensions between the Jewish and Muslim communities. A balance is to be found between freedom of speech and the need for public order. He agreed to sign an undertaking in the form requested by … Continue reading Farrakhan v Secretary of State for the Home Department: QBD 1 Oct 2001

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

Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

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

Dupovac v Secretary of State for Home Department: CA 21 Jan 2000

The court was asked whether the words ‘by reason of the appellant leaving the United Kingdom’ in section 33(4) Immigration Act 1971, as amended by paragraph 4(2) of schedule 2 to the Asylum and Immigration Act 1996, mean that leaving the United Kingdom is merely permissive or presumptive of abandonment of an appeal, or whether … Continue reading Dupovac v Secretary of State for Home Department: CA 21 Jan 2000

Ali, Regina v: CACD 3 Feb 2015

Appeal against conviction for assisting unlawful immigration. Judges: Raffety LJ, Foskett J, Carey HHJ Citations: [2015] EWCA Crim 43 Links: Bailii Statutes: Immigration Act 1971 25 Jurisdiction: England and Wales Crime Updated: 29 May 2022; Ref: scu.542249

Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar: CA 17 Feb 1997

This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary of State. Held: Appeal dismissed. Asylum seekers are not entitled merely because they lack money and accommodation to claim … Continue reading Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar: CA 17 Feb 1997

Zulfiqar (‘Foreign Criminal’ : British Citizen) Pakistan: UTIAC 11 Sep 2020

The meaning of ‘foreign criminal’ is not consistent over the Nationality, Immigration and Asylum Act 2002 and the UK Borders Act 2007. Section 32 of the 2007 Act creates a designated class of offender that is a foreign criminal and establishes the consequences of such designation. That is, for the purposes of section 3(5)(a) of … Continue reading Zulfiqar (‘Foreign Criminal’ : British Citizen) Pakistan: UTIAC 11 Sep 2020

Regina v A Special Adjudicator and Secretary of State for Home Department ex parte B: Admn 17 Dec 1997

Kay J referred to the Secretary of State’s policy documents on the detention and removal of failed asylum seekers and emphasised the need for a careful reappraisal by the Secretary of State in the light of changing circumstances. Judges: Jay J Citations: [1997] EWHC Admin 1148, [1998] Imm AR 182, [1998] INLR 315 Links: Bailii … Continue reading Regina v A Special Adjudicator and Secretary of State for Home Department ex parte B: Admn 17 Dec 1997

Regina v Secretary of State for Home Department ex parte Cengiz Doldur: Admn 26 Jun 1997

The applicant sought judicial review of the immigration officer’s finding that he was an illegal immigrant within the section. He had failed to declare that after obtaining temporary permission to enter, he had got married. It was not suggested that he had acted with positive deceit but had failed to disclose the marriage. Held: The … Continue reading Regina v Secretary of State for Home Department ex parte Cengiz Doldur: Admn 26 Jun 1997

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

Murat Kaya v Haringey London Borough Council and Another: CA 14 Jun 2001

The grant of temporary admission to the UK pending an decision on his asylum status, did not create a full ‘lawful presence’ in the UK. A person seeking to qualify for housing assistance had to be lawfully present within the UK, and temporary admission did not create a sufficient status by virtue of section 11. … Continue reading Murat Kaya v Haringey London Borough Council and Another: CA 14 Jun 2001

B (Algeria) v Secretary of State for The Home Department: SC 8 Feb 2018

Bail conditions only after detention B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether there exists a power under the 1971 Act to grant immigration … Continue reading B (Algeria) v Secretary of State for The Home Department: SC 8 Feb 2018

Regina v Secretary of State for the Home Department, Ex parte Singh: QBD 8 Jun 1987

The Refugee Convention had ‘indirectly’ been incorporated under English law. The court considered whether a person allowed entry by an immigration officer was lawfully here irrespective of other considerations. As to the case of Musis in the Bugdaycay case: ‘Each of the present applicants had only been granted temporary admission and they required, but had … Continue reading Regina v Secretary of State for the Home Department, Ex parte Singh: QBD 8 Jun 1987

Regina v Secretary of State for the Home Department Ex Parte Owalabi: QBD 3 Jan 1996

The Home Secretary may evaluate fresh material himself under the section, without always referring the case back to the adjudicator. Citations: Times 03-Jan-1996 Statutes: Immigration Act 1971 21 Jurisdiction: England and Wales Citing: Adopted – Regina v Home Secretary, Ex parte Bellow 25-May-1995 . . Adopted – Regina v Home Secretary, Ex parte Khaldoon 8-Nov-1995 … Continue reading Regina v Secretary of State for the Home Department Ex Parte Owalabi: QBD 3 Jan 1996

Regina v Secretary of State for the Home Department: ex parte Chahal: QBD 5 Apr 1993

The Home Secretary need not consider any risk of torture as an issue separate from that of persecution, when considering making an order for deportation. Citations: Ind Summary 05-Apr-1993 Statutes: Immigration Act 1971 3(5)(b) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Secretary of State for the Home Department ex parte Chahal … Continue reading Regina v Secretary of State for the Home Department: ex parte Chahal: QBD 5 Apr 1993

Regina v Secretary of State for the Home Department Ex Parte Xuereb: QBD 14 Jun 2000

The fact that an alien was detained under the Mental Health Acts did not mean that he could not be ordered to be removed and returned to his own country. The power given to the Secretary of State was discretionary, and though the treatment he might receive was of a lower standard, it was not … Continue reading Regina v Secretary of State for the Home Department Ex Parte Xuereb: QBD 14 Jun 2000

Cruh v Cruh: 1945

A man of Austrian or German origin had been recommended for deportation following a conviction for conspiracy. The Home Secretary intended to deport him as soon as it became practicable to do so. Held: Until the recommendation was actually effected, the domicile of choice remained. Once that happens, however, the domicile is lost. Even though … Continue reading Cruh v Cruh: 1945

Teame v Aberash and Others; Regina v Secretary of State for Home Dept ex parte Teame: CA 8 Apr 1994

Home Secretary may order deportation of a child’s guardian despite a pending appeal for residence order in favour of the applicant. Such a deportation would not be a contempt of court. Citations: Ind Summary 02-May-1994, Times 08-Apr-1994 Statutes: Immigration Act 1971 Jurisdiction: England and Wales Immigration, Children Updated: 11 May 2022; Ref: scu.89759

Regina v Secretary of State for the Home Department, Ex parte X: CA 9 Jan 2001

An asylum seeker had come to be detained under the Mental Health Act. The Home Secretary, having refused the asylum application, ordered him to be repatriated. Held: Though the Secretary of State could only exercise his powers of removal under section 86 of the MHA if it appeared to him to be in the patient’s … Continue reading Regina v Secretary of State for the Home Department, Ex parte X: CA 9 Jan 2001

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Regina v Secretary of State for the Home Department ex parte X: CA 22 Feb 2001

The applicant had entered the UK without leave, and then been detained for mental illness. The Secretary ordered him to be removed. He claimed that there was no power to remove him whilst the detention order was current, and that the order infringed his human rights. Held: The later Act had not revoked the earlier, … Continue reading Regina v Secretary of State for the Home Department ex parte X: CA 22 Feb 2001

Regina v Secretary of State for the Home Department, Ex parte Rajinder Kaur: CA 1987

The court considered a provision requiring refusal of leave to enter if there was no entry clearance. Held: Such a mandatory rule was intra vires, the Secretary of State retaining a discretion outside the 1971 Act. Glidewell LJ said: ‘immigration was formerly covered by the royal prerogative and it was a matter which lay entirely … Continue reading Regina v Secretary of State for the Home Department, Ex parte Rajinder Kaur: CA 1987

Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. International law prohibiting torture has the character of jus cogens … Continue reading Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3): HL 24 Mar 1999

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

Empress Car Company (Abertillery) Ltd v National Rivers Authority: HL 22 Jan 1998

A diesel tank was in a yard which drained into a river. It was surrounded by a bund to contain spillage, but that protection was over ridden by an extension pipe from the tank to a drum outside the bund. Someone opened a tap on that pipe so that diesel flowed into the drum until … Continue reading Empress Car Company (Abertillery) Ltd v National Rivers Authority: HL 22 Jan 1998

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991