Whether an asylum applicant had a well founded fear of persecution if he returned home, is always a question of fact and degree, and could not be made a question of law. Even so where there was a clear risk of repeated rather than single beatings if the applicant returned, it was likely that the … Continue reading Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999
The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore subject to security round-ups of such people which occurred when the … Continue reading Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995
The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal was to delay removal. Held: The correct approach was to to treat it … Continue reading Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 16 Sep 2003
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant information required by the prescribed form except. The difference was in the absence of a statement … Continue reading Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department: CA 21 May 1999
Appeal from dismissed of the appeal from the refusal of the Secretary of State for the Home Department to grant his application for asylum. The point of importance which is said to arise relates to what was said by this Court in Robinson [1997] Imm AR 94. In deciding whether it would be reasonable to … Continue reading Gnanam v Secretary of State for Home Department: CA 30 Apr 1999
Depending always on the particular facts of the case, there might well be ‘an evidential burden on the Secretary of State to establish that [the asylum seeker] could safely be returned home.’ Citations: [1999] EWCA Civ 808, [1999] Imm AR 327 Jurisdiction: England and Wales Cited by: Cited – Hoxha and Another v Secretary of … Continue reading Secretary of State for Home Department v Arif: CA 17 Feb 1999
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
(Australia) A claim to refugee status was made by a husband and wife who had come from China to Australia. They said that they feared sterilization under the ‘one child policy’ of China if they were returned. Held: There is a general principle that there can only be a ‘particular social group’ within the Convention … Continue reading A v Minister for Immigration and Ethnic Affairs and Another: 1997
The claimant had sought support which had been refused by the Home Secretary on the basis that he was no longer an asylum seeker. The claimant sought judicial review of the refusal of his appeal by the Chief Asylum Support adjudicator. The Home Secretary said that there was no jurisdiction to hear such an appeal. … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Chief Asylum Support Adjudicator and Another: Admn 30 Nov 2006
Where an Immigration Appeal Tribunal heard a case and the judgment would depend upon an assessment of the applicant as to his credibility, a delay of three months between the hearing and the delivery of the judgment was too long. The impression made by the characters involved would have faded, and such a finding could … Continue reading Sambasivam v Secretary of State for the Home Department: CA 10 Nov 1999
The claimants in two separate claims apply to renew ex parte injunctions, obtained without notice, until trial. The claims arise out of proposals by the Home Office to use two hotels to accommodate asylum seekers. Judges: The Hon Mr Justice Holgate Citations: [2022] EWHC 2868 (KB) Links: Bailii, Judiciary Statutes: Immigration and Asylum Act 1999 … Continue reading Ipswich Borough Council v Fairview Hotels (Ipswich) Ltd and Another: KBD 11 Nov 2022
The claimant sought judicial review of the Defendant’s failure to assess her son’s needs for the purposes of providing accommodation and support under section 17 of the 1989 Act. While the case is specific to its particular facts, it raises the question of the extent to which the Defendant could rely upon the Secretary of … Continue reading ES, Regina (on The Application of) v London Borough of Barking and Dagenham: Admn 27 Mar 2013
The Asylum Support adjudicators had allowed appeals by the asylum failed seekers, and had awarded them support. The Secretary of State now appealed. The failed asylum seekers had been unable to leave the country and having been refused support were destitute. Held: The decisions had been wrong. The decision fell to be made in stages. … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Asylum Support Adjudicator and others: Admn 16 May 2006
The House of Lords has the power to hear a case where the parties have in effect settled and there remains no lis at issue, but the House will not hear such an academic case where no general issue of importance is at stake, or the facts are particular. There must be a good reason … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Salem: HL 3 Mar 1999
The court considered the relationship between section 10 of the 1999 Act, and the appeal provisions in sections 82 and 92 of the 2002 Act and the extent to which, if any, a decision under section 10 of the 1999 Act could be challenged by judicial review rather than an out-of-country appeal. Held: The court … Continue reading Secretary of State for the Home Department v Regina (on the Application of) Lim and Another: CA 25 Jul 2007
Even the justified fears of being stoned to death for adultery did not create a particular separate group from which protection from persecution could be claimed in support of an application for asylum. A ‘social group’ for refugee applicants, had to share common uniting characteristic which set that group apart from rest of that society. … Continue reading Regina v Immigration Appeal Tribunal Secretary of State for Home Department ex parte Shah and Others: CA 23 Jul 1997
The appellate sought judicial review to challenge an order for his return to Albania. He said that he would be subject to persecution from communist sympathizers, and his life was at risk for a blood feud. Adjudicators had variously accepted and rejected both claims, but concluded that he could avail himself of internal flight. He … Continue reading Hari Dhima v Immigration Appeal Tribunal: Admn 8 Feb 2002
Where a notice of liability was served on a transport operator with regard to his responsibility for transporting illegal immigrants into the country, and he wished to challenge it, the proper approach was to allow the notice to expire, and then to defend any proceedings brought. Given that way of dealing with it, it was … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Balbo B and C Auto Transporti Internazionali: Admn 22 Mar 2001
The appellant had – in a fictitious identity that was not that of another, real, person – claimed and been granted asylum, indefinite leave to remain and British citizenship. The Secretary of State for Work and Pensions accepted that the appellant was not ‘a person subject to immigration control’ within the meaning of section 115 … Continue reading ED v Secretary of State for Work and Pensions: UTAA 15 Dec 2020
Application for permission to appeal which, on the face of it, is concerned solely with the incidence of costs. It does, however, raise quite clearly an important point of principle. A family of asylum seekers who had a legal entitlement to some form of accommodation under the 1999 Act, albeit they had made a false … Continue reading Kuzjeva and Another, Regina (on the Application Of) v London Borough of Southwark: CA 21 Nov 2001
The claimant wished to assert that, during his removal from the UK to Iraq, he had been assaulted by the British escorts. Judges: Longmore, Kitchin LJJ, Sir Mark Waller Citations: [2012] EWCA Civ 422 Links: Bailii Statutes: Immigration and Asylum Act 1999 14 Jurisdiction: England and Wales Police, Torts – Other Updated: 06 October 2022; … Continue reading Salimi, Regina (on The Application of) v Secretary of State for The Home Department and Another: CA 4 Apr 2012
The United Kingdom’s ban on homosexuals within the armed forces was a breach of the applicants’ right to respect for their private and family life. Applicants had also been denied an effective remedy under the Convention. The investigations into private lives and sexual activity were intrusive, and given the excessive consequences following, were also striking … Continue reading Smith and Grady v The United Kingdom: ECHR 27 Sep 1999
Can a person who would otherwise be a ‘person subject to immigration control’ under Immigration and Asylum Act 1999, s 115(9) rely on the provisions of SI 2000/636 which exempt a member of a family of a national of a state which is a party to the Oporto Agreement on the European Economic Area if … Continue reading Secretary of State for Work and Pensions v AS (CA) (Other Current Benefits, Residence and Presence Conditions): UTAA 4 Feb 2021
An asylum seeker who was found to be destitute and had failed in his application was entitled to restricted support under the section. The respondent implemented a policy restricting the restriction on the use of the power to those who had some physical impediment preventing movement. The applicant had not been evicted, but had had … Continue reading Salih and Another v Secretary of State for the Home Department: Admn 8 Oct 2003
There is a right of appeal against removal directions under section 65 of the 1999 Act on the ground that removal would be in breach of a person’s human rights. Auld LJ was not impressed by an argument that a restrictive interpretation was necessary to prevent abuse. On the one hand a last-minute challenge would … Continue reading Kariharan and Another, Regina (on the Application Of) v Secretary of State for Home Department: CA 15 Apr 2002
Each defendant appealed saying that being themselves the victims of people trafficking, the prosecutions had failed to take into account its obligations under the Convention. Held: Prosecutors had ‘a three-stage exercise of judgment. The first is: (1) is there a reason to believe that the person has been trafficked? If so, then (2) if there … Continue reading LM and Others v Regina; Regina v M(L), B(M) and G(D): CACD 21 Oct 2010
The court was asked upon whom falls the financial burden of providing accommodation to an eighteen year old asylum seeker who is also a ‘former relevant child’, to the extent that his welfare requires it, where the asylum seeker is not in education or training. Does it fall upon the local authority, pursuant to its … Continue reading SO, Regina (on The Application of) v London Borough of Barking and Dagenham: CA 12 Oct 2010
The claimants challenge the decision of the Home Secretary to offer the first claimant support in the form of accommodation and subsequently vouchers to purchase food and essential toiletries. The first claimant declined the offer because it would require him to live separately from his partner, the second claimant, and his young daughter. Judges: Supperstone … Continue reading Kiana and Another, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 Apr 2010
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in the case of the 1988 Act, of crime. The Crown … Continue reading Regina v Montila and Others: HL 25 Nov 2004
IAT ‘This case is one of the first to raise issues under section 65 of the Immigration and Asylum Act 1999. It requires the Tribunal to examine in particular certain aspects of the protection afforded by article 8 of the European Convention of Human Rights to the right to respect for private and family life … Continue reading Nhundu and Chiwera v Secretary of State for the Home Department (Zimbabwe): IAT 1 Jun 2001
Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017
The claimant, a failed asylum seeker, sought judicial review of the refusal to him of accomodation Judges: Silber J Citations: [2008] EWHC 2282 (Admin) Links: Bailii Statutes: Immigration and Asylum Act 1999 4, Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005 Jurisdiction: England and Wales Immigration, Housing Updated: 19 July 2022; Ref: … Continue reading Ahmed, Regina (on the Application of) v Asylum Support Adjudicator and Another: Admn 2 Oct 2008
A Brazilian mother came to the Netherlands in 1994 and set up home with a Dutch national but not applying for a residence permit. In 1996 they had a daughter who became a Dutch national. In 1997 they split up and the daughter remained with her father. It was eventually confirmed by the Dutch courts … Continue reading Rodrigues Da Silva and Hoogkamer v The Netherlands: ECHR 31 Jan 2006
The applicant complained under Article 8 that the Swiss authorities had not renewed his residence permit, after which he had been separated from his wife, a Swiss citizen and who could not be expected to follow him to Algeria. Switzerland argued that his conviction for an offence of violence was sufficient justification for interfering with … Continue reading Boultif v Switzerland: ECHR 2 Aug 2001
The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other inmates. The respondent argued that immigration officers had immunity from suit. Held: Brooke LJ said … Continue reading ID and others v The Home Office (BAIL for Immigration Detainees intervening): CA 27 Jan 2005
The asylum seeker had sought support from the Secretary of State. That assistance had been granted subject to a condition that she live where directed. She sought to appeal. Held: There was no right of appeal against the condition. The jurisdiction must come from section 103(2). That section made it clear that a right of … Continue reading Secretary of State for the Home Department, Regina (on the Application of) v Chief Asylum Support Adjudicator and Another: Admn 25 Oct 2002
The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the instigation of the government of Saudi Arabia, with a threat of ceasing co-operation in security arrangements. Held: The rule of … Continue reading Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another: Admn 10 Apr 2008
Of two brothers, one sought to remain here to protect the other (a refugee settled here) from the consequences of his florid schizophrenia. Held: The appeal was allowed. The brother settled here had brought contingent separate proceedings in case they proved necessary. Citations: [2005] EWCA Civ 1721 Links: Bailii Statutes: Immigration and Asylum Act 1999 … Continue reading Ahmadi and Another, Regina (on the Application of) v Secretary of State for the Home Department: CA 12 Dec 2005
The claimants were dependants of Iraqi nationals killed in Iraq. Held: The Military Police were operating when Britain was an occupying power. The question in each case was whether the Human Rights Act applied to the acts of the defendant. The question amounted to whether the officers acted under State Agent Authority within the convention … Continue reading Regina (on the Application of Mazin Mumaa Galteh Al-Skeini and Others) v The Secretary of State for Defence: CA 21 Dec 2005
It was wrong to say that an asylum seeker had the option of internal flight where, having once fled, he had been informed that he was being sought by the police and would be returned to the part where he had a well founded fear of persecution. Citations: Times 27-Jan-1999 Statutes: Asylum and Immigration Appeals … Continue reading Singh v Secretary of State for the Home Department: IHCS 27 Jan 1999
This case is reported for what we say about the exercise of the power to make directions to give effect to a determination, pursuant to the Immigration and Asylum Act 1999 and pursuant to the Nationality, Immigration and Asylum Act 2002 ( as amended by the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004); … Continue reading EA (Family Visitor, Directions, Mistake of Fact, Unfairness) Ghana: IAT 1 Jun 2005
The claimants sought to maintain their claims for asylum. They had fled persecution, but before their claims for asylum were determined conditions in their home country changed so that they could no longer be said to have a well founded fear of persecution. Held: The decision on the grant required the fear to remain well … Continue reading Hoxha and Another v Secretary of State for the Home Department: HL 10 Mar 2005
‘The Appellant is a Lebanese citizen who claimed asylum in 2000 and was refused asylum in May 2001. When refusing asylum, the Secretary of State certified the asylum claim under paragraph 9(4)(b), Schedule 4 to the Immigration and Asylum Act 1999. Those provisions relate to the asylum claim. There are other provisions within paragraph 9 … Continue reading MM (Certificate and Remittal, Jurisdiction) Lebanon: IAT 31 Jan 2005
The appellants sought judicial review of the refusal of asylum. They sought leave to appeal to the Immigration Appeal Tribunal, but that had been refused. They then sought a statutory review by a judge of the Administrative division. That review also was refused. They complained that they had not been given an opportunity to make … Continue reading Regina on the Application of M v Immigration Appeal Tribunal; Regina (G) v Immigration Appeal Tribunal: CA 16 Dec 2004
The mother had applied here for asylum. Her application had been refused but was subject to appeal. The father in India sought the return of the children on the basis that they had been removed from a Convention country which was their habitual residence, and against his will as their father. The mother applied for … Continue reading In re S (Children) (Child abduction: Asylum appeal): FD 24 Apr 2002
A family of asylum seekers with two disabled children would be destitute without ‘adequate’ accommodation. What was such accommodation? Held: The authority was under an absolute duty to house such a family. In satisfying such duty, it was adequate to place them immediately in temporary accommodation which would be adequate in the short term, pending … Continue reading Regina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest: CA 23 Oct 2003
The applicant was an asylum applicant. She sought to appeal a decision to stop support payments. She appealed a decision that she had no right to appeal. Held: A decision which might give rise to an appeal only occurred if the applicant had an existing right to support which had been terminated. Judges: Sir Andrew … Continue reading Regina (Secretary of State for the Home Department) v Chief Asylum Support Adjudicator and Another (Ahment Godan): CA 28 Oct 2003
The grant by the Secretary of State of exceptional leave to remain in the UK, did not remove the right of an asylum seeker to appeal a rejection of his claim for asylum. The applicant had the right to have his status, and the UK’s compliance with international obligation determined. Held: The granting of special … Continue reading Regina (Saad and Others) v Secretary of State for the Home Department: CA 19 Dec 2001
The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal. Held: Provided she was not in breach of the removal order, the council had power to provide her with assistance. Though the authority had no duty … Continue reading M v London Borough of Islington and Another: CA 2 Apr 2004
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
The applicant, a foreign national had been given temporary admission to the UK. He received income support. But this ceased after his asylum application was rejected, and he remained resident. Held: The legislation now made specific reference to the concept of lawful presence, and required this before an entitlement to benefits arose. The case of … Continue reading Szoma v Secretary of State for Work and Pensions: CA 30 Jul 2003
In each case asylum applicants had been certified as suitable to be returned to the first country at which they had arrived on fleeing their home countries. Held: To determine whether article 8 was engaged given the territoriality principle, the following should be considered. First, the claimant’s case in relation to his private life in … Continue reading Secretary of State for the Home Department, Regina on the Application of Soumahoro; Regina on the Application of Nadarajah; and similar: CA 19 Jun 2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003
The applicants sought to assert a local connection, having been housed in the respondent’s areas as destitute asylum seekers. Held: The accomodation was not one of the applicant’s choice, and therefore could not be relied upon to establish a local connection under the Act. The respondent’s decision to refer the applicants back to authorities in … Continue reading Al-Ameri, Osmani v Royal Borough of Kensington and Chelsea/London Borough of Harrow: CA 28 Feb 2003
The appellant was the mother of a child, who was claiming asylum. The father sought the return of the child to India, claiming he had been abducted by the mother. She said that whilst her claim for asylum was extant, the court must not allow her or the child to be removed. Held: India was … Continue reading In re S (Children) (Child abduction: Asylum appeal): CA 28 May 2002
The applicants were subject to removal directions following the failures of their applications for asylum had failed. The decisions were made before the Human Rights Act came into effect, but the direction orders were made afterwards. They sought to challenge the directions on Human Rights grounds. Held: They had a right of appeal since the … Continue reading Regina (on the Application of Kanagasingham Kariharan and Kanagara) v Secretary of State for the Home Office: CA 30 Jul 2002
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The penalties were substantial, though there existed a system of appeals. Held: The principle … Continue reading Secretary of State for the Home Department v International Transport Roth Gmbh and others: CA 22 Feb 2002
The applicant sought to appeal against a refusal of leave to appeal against an arbitration. There had been some delay for the applicant’s health. Held: Leave to appeal having been refused there was no further right of appeal under the 1999 Act. A court will not entertain judicial review proceedings where an alternative remedy subsists. … Continue reading Regina (on the Application of Sivasubramaniam) v Wandsworth County Court: Admn 13 Dec 2001
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedingsThe claimant said that he had been severely beaten whilst detained in police custody for interview. Held: ‘Article 3 enshrines one of the most fundamental values … Continue reading Selmouni v France: ECHR 28 Jul 1999
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
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
A local authority’s duty to an asylum seeker to provide the basics of life, did not extend to a third re-housing attempt after the applicant had twice been evicted for the use of violence and breaches of house rules. Citations: Times 20-Apr-1999, [1999] EWHC Admin 285, (1999) 2 CCLR 340 Links: Bailii Statutes: National Assistance … Continue reading Regina v Royal Borough of Kensington and Chelsea ex parte Muriqi Kujtim: Admn 31 Mar 1999
The applicant sought financial support whilst her application for asylum was considered. She was HIV positive, and had a child to breastfeed. Without financial assistance she would have to breast feed causing a risk of transmitting HIV to her child. Held: The Secretary of State should have seen her circumstances as sufficiently exceptional to deserve … Continue reading Regina (T and Another) v Secretary of State for Health and Another: QBD 29 Jul 2002
The claimant sought a declaration that the obligation on the respondent to continue to support the child of an asylum seeker when the parent had ceased to be entitled to support, continued despite the 2002 Act. Held: The statute was quite clear. The obligation to provide support for the child under the 1999 Act continued … Continue reading B, Regina (on the Application of) v The Asylum Support Adjudicator and Another: Admn 19 Sep 2005
An appeal by the Home Secretary against a ruling that he had to use the same prescribed form as would be used by the asylum seeker. The use of a letter which omitted a substantial and important declaration was invalid. Lord Woolf MR made plain the court’s general reluctance to hold that the effect of … Continue reading Regina v Immigration Appeal Tribunal, ex Parte Jeyeanthan: Admn 3 Apr 1998
Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as visitors for six months. Both applicants subsequently applied for asylum on the ground that having been … Continue reading Regina v Immigration Appeal Tribunal and Another ex parte Shah: HL 25 Mar 1999
The degree of protection from non-state persecution available to an asylum seeker, is a relevant factor in asylum applications. Where that protection was inadequate, for reasons not related to the nature of that persecution, that also was relevant. It affected the issues of whether persecution existed, whether the fear of it was well founded, and … Continue reading Horvath v Secretary of State for the Home Department: CA 2 Dec 1999
The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview. Held: The claim succeeded. The decision was quashed and must be retaken. If ever any case justified exceptional treatment, this was one. He had been held without trial for … Continue reading British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it … Continue reading Regina v Ministry of Defence Ex Parte Smith and Others: QBD 7 Jun 1995
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017
The claimant said that the 1987 Regulations were invalid, in making invalid any claim for benefits by an asylum seeker who had not made his application exactly upon entry to the UK. Held: The appeals were allowed. Section 11 of the 1971 Act is a highly technical provision which for the purposes of immigration control … Continue reading Kola and Another v Secretary of State for Work and Pensions: HL 28 Nov 2007
Whilst an asylum claim remained outstanding it was no possible for the Secretary of State to issue a deportation order after a decision to issue a deportation order. No requirement to leave could be imposed until the determination of the claim. Citations: Times 06-Jan-1999 Statutes: Asylum and Immigration Act 1993 Jurisdiction: England and Wales Immigration … Continue reading Regina v Secretary of State for the Home Department Ex P Sabusi: CA 6 Jan 1999
The Immigration Appeal Tribunal does not have discretion, whether implied or otherwise, to admit new or further evidence without notice having first been given. The Rules explicitly required advance notice to be given, and nor was it proper for the tribunal itself to introduce evidence. The absence of a rule against such admission of evidence … Continue reading Macharia v Secretary of State for the Home Department: CA 25 Nov 1999
The degree of protection from non-state persecution available to an asylum seeker is a relevant factor. Where that protection was inadequate for reasons not related to the nature of that persecution, that also was relevant. It affected the issues of whether persecution existed, whether the fear of it was well founded, and whether the fear … Continue reading Howarth v Secretary of State for the Home Department: CA 8 Dec 1999
The protection given to an asylum applicant is not lost by acts which might otherwise put his stay here in doubt, provided these were purely for the purpose, even if manipulative, of allowing him to stay. The test remains whether he has a well founded fear of persecution if he returned. Such behaviour would no … Continue reading Danian v Secretary of State for the Home Department: CA 9 Nov 1999
The fact that an asylum seeker might not refrain from activities which would attract persecution if he was returned to his country of origin, was not fatal to his application for asylum. There is only one question to be asked: whether, if returned, he would face a serious risk of persecution. The option of internal … Continue reading Ahmed (Iftikhar) v Secretary of State for the Home Department: CA 8 Dec 1999
The respondent introduced rules imposing fixed and penalties on HGV drivers coming into the UK who were found to have stowaway illegal entrants. The operators sought judicial review. Held: The penalty was in the character of a criminal penalty, not a civil one as proposed by the Secretary of State. The opportunities to challenge the … Continue reading International Transport Roth GmbH and Others v Secretary of State for the Home Department: QBD 5 Dec 2001
A renewed application brought out of time for permission to seek judicial review of decisions of the Secretary of State 1) to decline to treat further material put before him in the case as a fresh claim to asylum and 2) to decline to refer the applicant’s case to a special adjudicator. Citations: [1999] EWCA … Continue reading Regina and Secretary of State for Home Department ex parte Manneh: CA 21 Jul 1999
Where the Immigration Appeal Tribunal dealt with an appeal by remitting the case back to a special adjudicator for a rehearing, it had concluded the appeal, and it did not thereby delegate to the adjudicator its own function of deciding the appeal. There was no distinction to be made between procedural and substantive remittals. Remittal … Continue reading Regina (Secretary of State for the Home Department) v Immigration Appeal Tribunal: QBD 12 Jun 2001
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
When conducting an appeal from an administrative decision-maker, to what extent, if any, is a tribunal entitled to take account of matters that were not relied upon by the original decision-maker? Judges: McFarlane, Sharp LJJ Citations: [2017] EWCA Civ 1473 Links: Bailii Statutes: Immigration and Asylum Act 1999 Jurisdiction: England and Wales Immigration Updated: 05 … Continue reading Visa Joy Ltd and Another v Office of The Immigration Services Commissioner: CA 5 Oct 2017
The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002
Judges: Sir Anthony May P, Sullivan, Gross LJJ Citations: [2011] EWCA Civ 671, [2012] 1 WLR 765, [2011] ACD 74 Links: Bailii Statutes: Immigration and Asylum Act 1999 4 Jurisdiction: England and Wales Immigration, Benefits Updated: 09 February 2022; Ref: scu.443631
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
1. Schedule 1, paragraph 1 (d) of the Immigration (European Economic Area) (Amendment) Regulations 2012 (SI 2012/1547) amended the definition of EEA national to exclude those who are also British Citizens, but that change was subject to the transitional provisions set out in Schedule 3 of those regulations. Similar provisions were added to the Immigration … Continue reading Tm (Eea Nationals – Meaning; Ni Practitioners : Zimbabwe): UTIAC 14 Mar 2017
Three conjoined claims for judicial review challenging decisions by the Secretary of State setting the level of weekly support payments to asylum seekers pursuant to sections 95 to 98 of the Immigration and Asylum Act 1999 Flaux J [2016] EWHC 2639 (Admin) Bailii England and Wales Benefits, Immigration Updated: 24 January 2022; Ref: scu.570547
Challenge to arrangements made for the housing of asylum seekers. [2016] EWHC 1781 (Admin) Bailii e Immigration and Asylum Act 1999 Immigration, Housing Updated: 20 January 2022; Ref: scu.567396
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the absence of a review was incompatible with their article 8 rights. Held: The appeal failed. … Continue reading F and Another, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Apr 2010
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations. Held: The orders could not stand. Such orders were made by the executive without parliamentary scrutiny by the use of Orders in Council. Statutory provision for counter-terrorism was in … Continue reading HM Treasury v Ahmed and Others: SC 27 Jan 2010
The Attorney General appealed against a decision for the release under the Act and Regulations of letters from HRH The Prince of Wales to various ministers and government departments. Held: The appeal failed (Majority). The A-G had not been free to rely upon section 53 to issue a certificate avoiding the requirement to disclose the … Continue reading Evans and Another, Regina (on The Application of) v Attorney General: SC 26 Mar 2015
Operation of Part II of the Immigration and Asylum Act 1999 [‘the Act’], which provides for carriers who are found with clandestine entrants on board their vehicles to be liable to civil penalties. The facts of each case differ slightly but are in many respects routine and typical. In each case the appellants appealed to … Continue reading Link Spolka ZOO and Others v Secretary of State for The Home Department: CA 2 Dec 2021
The claimants had applied for asylum, being Tamils from Sri Lanka. The applications had been rejected, and they sought to challenge the decisions to return them as a breach of their human rights. The new Act and transitional provisions created a new right of appeal, but the applicants fell outside the policy which added certain … Continue reading Kariharan and Others v Secretary of State for the Home Department: Admn 5 Dec 2001
Each appellant had been convicted upon their admission on legal advice of attempting to rely upon a false travel document to secure entry to the UK as a refugee. In each case a defence may have been available under section 31 of the 19 Act. Leveson, Fulford LJJ, Spencer J [2013] EWCA Crim 1372, [2013] … Continue reading Mateta and Others, Regina v: CACD 30 Jul 2013