The Home Secretary’s bare assertion of a likelihood of terrorist involvement was insufficient. Citations: Times 06-Jul-1995 Statutes: Immigration Act 1971 3(5)(b) Jurisdiction: England and Wales Immigration Updated: 21 January 2023; Ref: scu.87867
Appeal from a judgment dismissing an application by O for judicial review of a decision to detain him as being an illegal entrant under the Immigration Act 1971 and to have him removed from the United Kingdom. Citations: [2008] NICA 3 Links: Bailii Jurisdiction: Northern Ireland Immigration Updated: 20 December 2022; Ref: scu.263909
Application for leave to appeal granted. Held: This was a case where the relationship of the Tribunal to the Special Adjudicator can and should be considered. ‘I have indicated some of the difficulties which may arise. There is no doubt that the Tribunal have power to make findings of fact and to reverse findings of … Continue reading Secretary of State for Home Department v Ravichandran: CA 6 Jun 1997
Citations: [2004] UKIAT 00241 Links: Bailii Statutes: Immigration Act 1971 58(9) Jurisdiction: England and Wales Immigration Updated: 12 December 2022; Ref: scu.213686
An illegal immigrant who was seeking political asylum may be detained if necessary. Citations: Times 07-Feb-1995, Independent 07-Feb-1995 Statutes: Immigration Act 1971 Sch 2 para 9 Jurisdiction: England and Wales Immigration Updated: 09 December 2022; Ref: scu.87817
A notice of a grant of right of entry was not given until the notice was received; a notice which was stamped in error, but rescinded before it had been return to the applicant was ineffective. Citations: Times 14-Jan-1998 Statutes: Immigration Act 1971 Jurisdiction: England and Wales Immigration Updated: 07 December 2022; Ref: scu.85643
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
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
The deceased had come to live in the UK and obtain citizenship under somebody else’s identity. After his death his wife and children sought clearance to come to live here. Held: Her appeal failed. The residence of her late husband was unlawful, there never was a grant of citizenship to him, and therefore did not … Continue reading Bibi and others v Entry Clearance Officer, Dhaka: CA 18 Jul 2007
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
The claimant had been detained at 11.25pm. His detention was not reviewed by an inspector until 7.45am the next morning, although it had been considered in the interim at 1.45am by an officer of junior rank. The plaintiff sued for unlawful imprisonment for the period of 2 hours and 20 minutes from 5.25am (when the … Continue reading Roberts v Chief Constable of Cheshire Constabulary: CA 26 Jan 1999
1. As held in AS (Afghanistan) and NV (Sri Lanka) [2010] EWCA Civ 1076, there is no time limit on serving a Statement of Additional Grounds in response to a ‘section 120 notice’. Thus, an appellant may accrue ten years’ lawful leave (including leave extended by section 3C of the 1971 Act) while his appeal … Continue reading MU (‘Statement of Additional Grounds’; Long Residence; Discretion) Bangladesh: UTIAC 18 Nov 2010
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
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
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
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
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
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
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
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
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
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
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
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
A notice of intention to deport can be served while an asylum claim was outstanding. The notice does not include any request to leave the country. Citations: Times 17-Apr-1995, Gazette 03-May-1995 Statutes: Immigration Act 1971 Jurisdiction: England and Wales Immigration Updated: 27 October 2022; Ref: scu.86742
Local Authority may come to its own conclusion as to immigrant status for housing. Citations: Independent 21-Apr-1993 Statutes: Immigration Act 1971 26(1)(c) Jurisdiction: England and Wales Immigration, Housing Updated: 26 October 2022; Ref: scu.87720
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
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
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
An applicant for asylum was not an illegal immigrant, despite his use of a false passport. Citations: Gazette 24-Jun-1992 Statutes: Immigration Act 1971 25(1) Jurisdiction: England and Wales Crime, Immigration Updated: 25 October 2022; Ref: scu.87410
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
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
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
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
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
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
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
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
The claimant challenged the lawfulness of his detention under the 1971 Act. Judges: Beatson J Citations: [2012] EWHC 878 (Admin) Links: Bailii Statutes: Immigration Act 1971 Torts – Other, Immigration Updated: 06 October 2022; Ref: scu.452443
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
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
The applicant, a student had overstayed his leave. Through his solicitor’s negligence, he lost his appeal against deportation. He sought judicial review of that decision. Held: Judgment obtained in a party’s absence due entirely to the fault of that party or his advisor was not one obtained in breach of the rules of natural justice … Continue reading Al-Mehdawi v Secretary of State for the Home Department: HL 23 Nov 1989
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
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
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
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
Judges: Roger Kaye QC J Citations: [2011] EWHC 3059 (Admin) Links: Bailii Statutes: Immigration Act 1971 Jurisdiction: England and Wales Prisons, Immigration Updated: 19 September 2022; Ref: scu.449017
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
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
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
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
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
Judges: Lord Justice Kennedy Lord Justice Parker Lord Justice Dyson Citations: [2004] EWCA Civ 638 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Kola and Another v Secretary of State for Work and Pensions HL 28-Nov-2007 The claimant said that the 1987 Regulations were invalid, in making invalid any claim for benefits by … Continue reading Kola and Mirzajani v Secretary of State for Work and Pensions: CA 21 May 2004
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
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
Judges: McCombe, King, Nicola Davies LJJ Citations: [2018] EWCA Civ 2612, [2018] WLR(D) 741 Links: Bailii Statutes: Immigration Act 1971 3C Jurisdiction: England and Wales Immigration Updated: 12 September 2022; Ref: scu.630701
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
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
The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the fifth had entered with his parents for settlement and had indefinite leave … Continue reading Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982
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
Citations: [2011] EWCA Civ 275 Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – 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 … Continue reading KM (Zimbabwe) v Secretary of State for The Home Department: CA 17 Mar 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
The Secretary of State had introduced regulations which excluded the statutory right to payment of ‘urgent case’ benefits for asylum seekers who had not claimed asylum immediately upon arrival, or whose claims for asylum had been rejected, and who were awaiting appeal. Held: Leaving asylum applicants without benefits defeated the purpose of the asylum laws. … Continue reading Regina v Secretary of State for Social Security Ex Parte B and the Joint Council for the Welfare of Immigrants: CA 27 Jun 1996
The defendant appealed against his conviction for murder, saying that he should have been allowed to rely on a plea of diminished responsibility given the changes to section 2 of the 1957 Act introduced in 2009. He said that his alcoholism should have been treated as explaining his loss of self control and amounting to … Continue reading Dowds v Regina: CACzD 22 Feb 2012
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
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
UTIAC The removal of an alien stated in a reasons for refusal letter as under the provisions of the Chicago Convention but which would be lawful under paras 8-10 of Schedule 2 to the 1971 Act cannot be regarded as unlawful by reference either to that Convention or the relevant IDIs, because of the mandatory … Continue reading VN (Chicago Convention S.86, ) Iran: UTIAC 18 Aug 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
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
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
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
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
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
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
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
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
Citations: [1997] EWHC Admin 950 Statutes: Immigration Act 1971 3(5)(a) Jurisdiction: England and Wales Immigration Updated: 06 August 2022; Ref: scu.137895
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
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
The claimant appealed against a refusal of an order that the intended prosecution of them by the respondent should be stayed as an abuse of process. Judges: Laws LJ, Stadlen J Citations: [2011] EWHC 1094 (Admin) Links: Bailii Statutes: Immigration Act 1971 25 Jurisdiction: England and Wales Immigration, Crime Updated: 30 July 2022; Ref: scu.440227
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
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
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
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
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 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
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
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
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
Appeal against dismissal of claim for habeas corpus. The appellant was held in detention since August 2006 under Schedule 3 to the Immigration Act 1971 on the order of the Secretary of State. Prior to that date he had been in detention serving a prison sentence. Citations: [2008] EWCA Civ 475 Links: Bailii Statutes: Immigration … Continue reading Bosombi, Re: CA 11 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
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
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
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
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
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
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
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
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
