The SS appealed against the successful appeal by the respondent against a deportation order. He had come to England in 1994, been granted indefinite leave to stay, and made a family here. In 2007 he was convicted of grievous bodily harm. Held: The appeal failed. The critical issue was whether family life existed at the … Continue reading Secretary of State for The Home Department v HK (Turkey): CA 27 May 2010
The claimant contended firstly, that the defendant breached her duties under the Detention Centre Rules 2001; secondly, breached her policy by failing to consider referring the claimant to the Medical Foundation for the Care of Victims of Torture; and thirdly, deprived the claimant of a fair hearing before the Immigration Judge. Citations: [2008] EWHC 364 … Continue reading PB, Regina (on the Application of) v Secretary of State for the Home Department: Admn 6 Feb 2008
The court was asked as to the meaining of ‘having available’ in Appendix C of the Statement of Changes in Immigration Rules, HC 395 as amended, in its application to Tier 1 of the Points-Based Scheme. Judges: CMG Ockleton VP, Grubb UTJ Citations: [2012] UKUT 364 (IAC) Links: Bailii Jurisdiction: England and Wales Immigration Updated: … Continue reading Rajbhandari (PBS: Funds – Available) Nepal: UTIAC 8 Oct 2012
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
The claimants had entered England unlawfully, fleeing from China, then moved to Ireland and then back to England with their new born child, and claimed asylum. The court considered how the position of their child affected the parents. Held: To fulfil the requirements of Directive 90/364 all of Q, W and X had to demonstrate … Continue reading W (China) and X (China) v Secretary of State for the Home Department: CA 9 Nov 2006
The court considered what matters had to be incorporated directly within the Immigration Rules, and what might be properly contained in documents referred to by the Rules. Held: There is a spectrum that operates on the extent to which the requirement is substantive at one end of the spectrum and or relates to matters that … Continue reading Regina (Purzia) v Secretary of State for the Home Department: Admn 2011
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
(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two authorised employments but failed to find a third. She had left her partner because of his violence. … Continue reading Zalewska v Department for Social Development: HL 12 Nov 2008
Application for judicial review of a decision by the Secretary of State for the Home Department in a letter rejecting further representations submitted by the claimant on under Article 8 of the ECHR, and determining that the said representations did not constitute a fresh claim as defined by paragraph 353 of the Immigration Rules. Judges: … Continue reading Kaplan, Regina (on The Application of) v Secretary of State for The Home Department: Admn 19 Mar 2009
The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit were inconsistent with articles 12 (discrimination on the grounds of … Continue reading Kaczmarek v Secretary of State for Work and Pensions: CA 27 Nov 2008
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
okonduUTIAC1408 UTIAC (1) Section 29 of the Tribunals, Courts and Enforcement Act 2007 confers on the Upper Tribunal a discretionary power to order a legal or other representative to pay ‘wasted costs’ incurred by the other party. ‘Wasted costs’ are defined in section 29(5) as costs incurred by a party: ‘(a) as a result of … Continue reading Okondu and Another, Regina (on The Application of) v Secretary of State for The Home Department (Wasted Costs; SRA Referrals; Hamid) IJR: UTIAC 20 Aug 2014
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AIT 1. The respondent’s power to deport an EEA national is governed by the EEA Regulations 2006, and is much more restricted than in an ‘ordinary’ conducive case. Only if satisfied that deportation is required on . .
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