The asylum seeker appealed against a decision, saying the notice of hearing had not been received by him. The Immigration Appeal Tribunal rejected his appeal without consideration of his application on the merits and without giving him opportunity to be heard. The adjudicator said he had complied with the rules. Held: Neither the applicant nor … Continue reading Regina (Karagoz) v Immigration Appeal Tribunal: QBD 12 May 2003
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland. Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be … Continue reading Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006
The applicant sought judicial review of a decision of the chief adjudicator refusing an appeal from a decision of the special adjudicator rejecting his asylum claim. His evidence had been rejected as inconsistent, but he claimed that this was due to an incompetent interpreter. The chief adjudicator had held that the competence of the interpreter … Continue reading Regina (Gashi) v Chief Immigration Adjudicator: QBD 17 Aug 2001
The applicant sought judicial review of the decision to proceed with his appeal in his absence. He, his advisers and his witness had gone to the wrong court. The court had changed the venue from previous hearings, but the notice of hearing had not been received. The decision was promulgated before the circumstances had been … Continue reading Maqsood v The Special Adjudicator, The Secretary of State for the Home Department: Admn 3 Dec 2001
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
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
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
An immigration appeal tribunal which delivered its decision out of time had the power under the rules to grant to itself an extension of time to allow the judgment to be delivered. It was not essential that reasons be given for such an extension, nor that the parties be given an opportunity to be heard … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Berhe: CA 26 May 2000
References: [1999] EWCA Civ 3010, [2000] 1 WLR 354, [1999] 3 All ER 231, [2000] Imm AR 10, [1999] INLR 241 Links: Bailii Coram: Lord Woolf MR Ratio:An appellant failed to use the prescribed form for his appeal, contrary to the Immigration Appeals (Procedure) Rules. There had not been substantial compliance with the Rules, although … Continue reading Jeyeanthan, Regina (on the Application of) v Secretary of State for the Home Department Respondent: CA 21 May 1999
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