The applicants sought asylum, saying they had been subjected to repeated ill-treatment by Lithuanian Mafiosi. The claims were rejected as clearly unfounded, denying any right to an appeal. Held: The court could examine the basis upon which the Secretary had made his decision. The Home Secretary is entitled to certify if, after reviewing the material, … Continue reading Bagdanavicius, Bagdanaviciene v the Secretary of State for Home Department: Admn 16 Apr 2003
The applicant had sought judicial review, but before it was heard, and by a listing error, the statutory review went ahead. She now sought leave to continue the judicial review notwithstanding the final decision against her. Held: The error if uncorrected would cause injustice. The court had power to hear the application for judicial review … Continue reading AM (Cameroon), Regina (on the Application of) v Asylum and Immigration Tribunal and Another: CA 20 Feb 2008
The applicant sought judicial review of the respondent’s certification under s94 that his cliam for asylum was hopeless. He said that he had acted as an informer against criminal gangs in Jamaica, and that the state of Jamacia could not provide him effective protection if he was returned. Held: Where a stste, though doing its … Continue reading Atkinson v Secretary of State for the Home Department: CA 5 Jul 2004
UTIAC LAW(A) There is nothing in MS (Palestinian Territories) [2010] UKSC 25 that overrules the judgments in MA (Ethiopia) [2009] EWCA Civ 289. Where a claim to recognition as a refugee depends on whether a person is being arbitrarily denied the right of return to a country as one of its nationals, that issue must … Continue reading ST (Ethnic Eritrean – Nationality – Return) Ethiopia CG: UTIAC 1 Jul 2011
(1) In the light of Kiarie and Byndloss v Secretary of State for the Home Department [2017] UKSC 42, the First-tier Tribunal should adopt a step-by-step approach, in order to determine whether an appeal certified under section 94B of the Nationality, Immigration and Asylum Act 2002 can be determined without the appellant being physically present … Continue reading AJ (S 94B: Kiarie and Byndloss Questions) Nigeria: UTIAC 28 Feb 2018
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
The claimant appealed against refusal of judicial review. She had entered the UK, and applied for asylum. She was then found to have contracted a marriage of convenience, and thus become ineligible for support. She appealed and now sought housing assistance pending decision on her removal. The authority refused assistance on the basis that she … Continue reading K v London Borough of Lambeth: CA 31 Jul 2003
The applicants’ claims for asylum had been rejected as bound to fail, and under the new Act, they were to be removed from the UK. If they wanted to appeal, they they would have to do so from outside the jurisdiction. The section had been brought into effect before the Act had been formally published. … Continue reading Regina (ZL and VL) v Secretary of State for the Home Department and Lord Chancellor’s Department: CA 24 Jan 2003
Extant Appeal: S94B Challenge: Forum – (1) Where an appellant’s appeal has been certified under section 94B of the Nationality, Immigration and Asylum Act 2002 and the appellant has been removed from the United Kingdom pursuant to that certificate, the First-tier Tribunal is the forum for determining whether, in all the circumstances, the appeal can … Continue reading Watson, Regina (on The Application of) v Secretary of State for The Home Department and Another: UTIAC 5 Apr 2018
Citations: [2003] EWHC 2369 (Admin) Links: Bailii Statutes: Nationality Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales Citing: Cited – Regina (on the application of L and another) v Secretary of State for the Home Department CA 2003 The court considered the circumstances under which a certificate that an asylum claim was clearly … Continue reading Atkinson, Regina (on the Application of) v Secretary of State for the Home Department: Admn 10 Oct 2003
The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an order returning him to Sierra Leone would impinge on their right to family … Continue reading Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008
The court was asked as to the respective duties of the Secretary of State and the First-tier Tribunal, on an appeal against refusal of an application to vary leave to enter or remain under the Immigration Act 1971, and more particularly as to the . .
Nationality, Immigration and Asylum Act 2002, s. 94B: Access to lawyers
(1) In the light of Kiarie and Byndloss [2017] UKSC 42, the first question to be answered by the First-tier Tribunal in an appeal involving a claim that has been certified . .
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Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
