Application for judicial review of a decision by the Secretary of State for the Home Department to refuse the claimant’s asylum and human rights claims and to certify those claims for the purposes of section 94 of The Nationality Immigration and Asylum Act 2002. Citations: [2003] EWHC 2045 (Admin) Links: Bailii Statutes: Nationality Immigration and … Continue reading Brown, Regina (on the Application of) v Secretary of State for the Home Department: Admn 18 Aug 2003
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
Both claimants applied to the defendant Secretary of State to have deportation orders made against them revoked on asylum or human rights grounds. These applications were rejected. Both had previously made asylum or human rights claims that were the subject of adverse determinations and unsuccessful appeals before the deportation orders were signed. Both claimed a … Continue reading Etame v Secretary of State for the Home Department and Another; Anirah v Same: Admn 23 May 2008
The claimant had been in England since he was 11, and was now 38. He had been repeatedly convicted. He had challenged a deportation notice on a human rights basis. He now challenged a certificate that this claim was manifestly ill founded. Held: The certificate was quashed. The respondent was wrong to say that he … Continue reading Rainford, Regina (on the Application of) v Secretary of State for the Home Department: Admn 17 Oct 2008
Mitting J said: ‘The question which I have to consider is whether on the assumed facts I have recited the claimant cannot, on any view, succeed or her claim is so wholly lacking in substance that it is bound to fail.’ and ‘I have found this a far from easy question to answer. This case, … Continue reading Sinnarasa, Regina (on the Application of) v Secretary of State for the Home Department: Admn 19 May 2005
Challenge to the defendant’s decision to detain him, deport him and to certify his human rights claim under section 94B of the 2002 Act on the basis that although the appeals process for that claim has not been exhausted, removal of the claimant to Nigeria pending the outcome of the appeal would not be unlawful … Continue reading Adesanya, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 May 2016
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
Challenge to respondent’s decision that claimants application for asylum was clearly unfounded. His Honour Judge Gilbart QC, Honorary Recorder of Manchester, Sitting as a Deputy High Court Judge [2012] EWHC 2575 (Admin) Bailii Nationality Immigration and Asylum Act 2002 94(2) England and Wales Immigration Updated: 31 December 2021; Ref: scu.464852
Application for judicial review of defendant’s decision that the claimant’s claim that his removal from the UK would be a disproportionate interference with his human rights was manifestly ill founded. Andrews QC J [2011] EWHC 157 (Admin) Bailii e Nationality Immigration and Asylum Act 2002 94 England and Wales Immigration Updated: 09 November 2021; Ref: … Continue reading Mamaniat, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Jan 2011
Application for judicial review of the Respondent’s decision dated 2 June 2014 to refuse the applicant’s claim for asylum and to certify the claim under Section 94 of the Nationality, Immigration and Asylum Act 2002 and following removal directions set on 11 June 2014 for the applicant’s removal. Citations: [2015] UKUT 76 (IAC) Links: Bailii … Continue reading Odedra, Regina (on The Application of) v Secretary of State for The Home Department (Ijr): UTIAC 30 Jan 2015
Judges: Lord Bannatyne Citations: [2014] ScotCS CSOH – 8 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: Scotland Immigration Updated: 20 November 2022; Ref: scu.520758
UTIAC Prior to the new immigration rules (HC 194) introduced on 9 July 2012, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights.The … Continue reading MF (Article 8 – New Rules) Nigeria: UTIAC 31 Oct 2012
The claimant, a citizen of Jamaica, came to the UK in 2010 on a visitor’s visa with leave to remain for one month. He then applied for asylum on the ground that he is a Jamaican homosexual and feared persecution if returned to Jamaica. He was detained under section 62 of the Act pending a … Continue reading Brown, Regina (on The Application of) v Secretary of State for Home Department: Admn 28 May 2012
The court emphasised the limited nature of the IAT’s jurisdiction under the 2002 Act, which is now restricted to considering points of law only: ‘Since the IAT now has jurisdiction to determine only points of law, it cannot put itself in the position of the lower court and decide the whole of the case as … Continue reading Miftari v Secretary of State for the Home Department: CA 18 May 2005
UTIAC The transitional provision in article 3 of the UK Borders Act 2007 (Commencement No 7 and Transitional Provisions) Order 2011, concerning the commencement of s. 85A of the Nationality, Immigration and Asylum Act 2002 (Matters to be considered: new evidence: exceptions), adopts an unusual approach, in making the applicability of that section turn on … Continue reading Mumtaz (S85A Commencement Order : Adjournment Hearing) Pakistan: UTIAC 2 Dec 2011
UTIAC (1) Where it applies, s. 85A of the Nationality, Immigration and Asylum Act 2002 precludes certain evidence from being relied on, in order to show compliance with the Immigration Rules.(2) ‘Fairness’ arguments concerning the application of the transitional provisions regarding s. 85A, in article 3 of the UK Borders Act 2007 (Commencement No. 7 … Continue reading Alam (S 85A; Commencement; Art.8) Bangladesh: UTIAC 19 Oct 2011
(1) In determining whether, in the case of a person removed from the United Kingdom pursuant to a certificate under section 94B of the Nationality, Immigration and Asylum Act 2002, there has been a breach of Article 8 ECHR in its procedural or substantive form, the actions of the Secretary of State do not necessarily … Continue reading Watson, Regina (on The Application of) v Secretary of State for The Home Department (S 94B Process, S 25 Powers): UTIAC 5 May 2022
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 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
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
The appellant, a Gambian national sought review of two decisions of the Secretary of State as to first her decision to designate as safe, Gambia, in respect of men only, in the list of countries in section 94(4) of the 2002 Act, and second as to her related decision to certify the Appellant’s case as … Continue reading MD (Gambia), Regina (on The Application of) v Secretary of State for The Home Department: CA 17 Feb 2011
Judges: Anthony Edwards-Stuart QC Citations: [2008] EWHC 2955 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales Children, Immigration, Human Rights Updated: 22 August 2022; Ref: scu.278333
(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
Extra Division, Inner House – Judges: Lady Clark of Calton Citations: [2014] ScotCS CSIH – 7, 2014 SLT 905, [2014] CSIH 71, 2014 GWD 27-534 Links: Bailii Statutes: European Convention on Human Rights 2 3 8, Nationality, Immigration and Asylum Act 2002 94(3) Jurisdiction: Scotland Cited by: Extra Div Inner House – McCann v The … Continue reading SN v Secretary of State for The Home Department: SCS 14 Jan 2014
The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act. Held: The right to have a judicial review could only be removed by the clearest of words. A right remained, but it was severely … Continue reading Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004
Judges: Silber J Citations: [2012] EWHC 3370 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales Immigration Updated: 17 July 2022; Ref: scu.466303
Challenge to imprisonment pending deportation of successful asylum applicant on release from prison after conviction of an offence specified under the 2004 Order as a particularly serious crime. Held: The appeal succeeded. ‘The giving of notice of the decision to make a deportation order, the making of the deportation order, and the detention on foot … Continue reading DN (Rwanda), Regina (on The Application of) v Secretary of State for The Home Department: SC 26 Feb 2020
Citations: [2006] EWCA Civ 1117, [2007] INLR 195 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 82 Jurisdiction: England and Wales Cited by: Cited – MS (Palestinian Territories) v Secretary of State for The Home Department SC 16-Jun-2010 The claimant faced removal and return to Palestine, but he said that he would not be … Continue reading AK v Secretary of State for the Home Department: CA 31 Jul 2006
Judicial Review of a decision of the Secretary of State for the Home Department to certify his claim as ‘clearly unfounded’ in terms of section 94(2) of the Nationality Immigration and Asylum Act 2002 Citations: [2006] ScotCS CSOH – 78, [2006] CSOH 78 Links: Bailii Jurisdiction: Scotland Immigration Updated: 06 July 2022; Ref: scu.241820
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
Judges: Stanley Burnton J Citations: [2004] EWHC 2054 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales Immigration Updated: 10 June 2022; Ref: scu.201624
Citations: [2003] EWHC 2063 (Admin) Links: Bailii Statutes: Nationality and Asylum Act 2002 94(3) Jurisdiction: England and Wales Immigration Updated: 08 June 2022; Ref: scu.185813
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
The appellant challenged decisions: first to refuse him indefinite leave to remain on grounds of 10 years’ lawful residence under paragraph 276B of the Immigration Rules; secondly, to refuse indefinite leave to remain on grounds of private and family life under paragraph 276ADE and Article 8 ECHR; and thirdly, to certify the human rights claim … Continue reading Agumba, Regina (on The Application of) v The Secretary of State for The Home Department: CA 6 Dec 2017
Bail conditions only after detention B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether there exists a power under the 1971 Act to grant immigration … Continue reading B (Algeria) v Secretary of State for The Home Department: SC 8 Feb 2018
Judicial review of a decision by the Secretary of State for the Home Department to certify the petitioner’s asylum and human rights claims as clearly unfounded in terms of section 94 of the Nationality, Immigration and Asylum Act 2002. Citations: [2017] ScotCS CSOH – 3 Links: Bailii Jurisdiction: Scotland Immigration Updated: 09 May 2022; Ref: … Continue reading Kadir, Re Judicial Review: SCS 18 Jan 2017
Claim for judicial review began as a challenge to the lawfulness of directions to remove the claimant from the United Kingdom. It now stands as a challenge to the defendant’s decision to certify the claimant’s human rights claim (article 8 of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms) as … Continue reading Yarbo, Regina (on The Application of) v Secretary of State for The Home Department: Admn 9 Jul 2014
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
(1) A notice of removal window (Form RED.0004 (fresh)) is not an EEA decision for the purposes of the Immigration (European Economic Area) Regulations 2006. The notice cannot accordingly be appealed under those Regulations. Even if it could constitute a decision, the notice of removal window will constitute an EEA decision only if it concerns … Continue reading Ahmad (Scope of Appeals) Pakistan: UTIAC 23 Jan 2018
The appeal raises two issues: first, whether the application made by the first appellant was properly characterised as a human rights claim for the purposes of s.94(1) of the Nationality, Immigration and Asylum Act 2002; and second whether the decision on the application was void or nullified on the grounds of illegality? Citations: [2018] EWCA … Continue reading Joshi and Another, Regina (on The Application of) v Secretary of State for The Home Department: CA 15 May 2018
Refusal of certification of human rights claims by the Secretary of State under section 94B of the Nationality, Immigration and Asylum Act 2002 Judges: The Lord Burnett of Maldon Lord Chief Justice of England and Wales Lord Justice Underhill (Vice-President of the Court of Appeal (Civil Division)) And Lord Justice Lewis Citations: [2022] EWCA Civ … Continue reading Yilmaz and Another v Secretary of State for The Home Department: CA 10 Mar 2022
Judges: Foskett J Citations: [2010] EWHC 704 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) 94(3) Jurisdiction: England and Wales Immigration Updated: 12 April 2022; Ref: scu.406635
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
The claimant sought to impugn a decision of the Secretary of State for the Home Department (the Secretary of State) rejecting the claimant’s fresh claim assertions and certifying the claim as ‘clearly unfounded’ pursuant to section 94(2) of the Nationality, Immigration and Asylum Act 2002. Judges: His Honour Judge Jeremy Richardson QC (Sitting as a … Continue reading SN, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Feb 2014
The claimant challenged the lawfulness of a decision of the defendant of 9 August 2013 to certify his asylum and human rights claims as clearly unfounded under section 94(2) of the 2002 Act. Judges: Gill DHCJ Citations: [2014] EWHC 3725 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 94(2) Jurisdiction: England and Wales … Continue reading Khan, Regina (on The Application of) v Secretary of State for The Home Department: Admn 17 Nov 2014
Paragraph 353 of the Immigration Rules 1. The importance of paragraph 353 of the Immigration Rules (‘Paragraph 353’) is as a ‘gate-keeping’ function to shut out from the appeals system unmeritorious second or subsequent appeals. An appeal is generated under the current form of section 82 Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’) … Continue reading Akber, Regina (on The Application of) v Secretary of State for The Home Department (Paragraph 353, Tribunal’s Role): UTIAC 27 Sep 2021
1. Following the amendment to s 82 of the Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’), effective from 20 October 2014, a previous decision made by the Competent Authority within the National Referral Mechanism (made on the balance of probabilities) is not of primary relevance to the determination of an asylum appeal, despite … Continue reading ES (S82 Nia 2002, Negative NRM): UTIAC 6 Sep 2018
1. The strength or otherwise of an underlying Article 8 case is relevant to a decision by the respondent whether to certify a case under s.94B of the Nationality, Immigration and Asylum Act 2002, in that it may disclose a case without a specific case being advanced by the applicant as to why temporary separation … Continue reading JT, Regina (on The Application of) v Secretary of State for The Home Department (S94B Niaa 2002 Certification) (IJR): UTIAC 28 Aug 2015
Statutory right of appeal against decisions by the Secretary of State for the Home Department to refuse protection claims and human rights claims under Part 5 of the 2002 Act. Where a person has already had a human rights claim refused and there is no pending appeal, do further submissions that rely on human rights … Continue reading Robinson (Formerly JR (Jamaica)) v Secretary of State for The Home Department: SC 13 Mar 2019
UTIAC (1) As held in Deliallisi (British citizen: deprivation appeal: scope) [2013] UKUT 439 (IAC), in an appeal under section 40A of the British Nationality Act 1981 the Tribunal is required to determine the reasonably foreseeable consequences of deprivation. (2) Whilst the Tribunal considering a section 40A appeal cannot pre-judge the outcome of any future … Continue reading AB (British Citizenship: Deprivation; Deliallisi Considered) Nigeria: UTIAC 28 Sep 2016
The claimant sought asylum. The respondent on her appeal certified that the claim was clearly unfounded. The House was asked how further submissions might be made and what approach should be taken on a request for judicial review of such a decision. The respondent said that the limitation on further applications while ‘appeal relating to … Continue reading ZT (Kosovo) v Secretary of State for the Home Department: HL 4 Feb 2009
B, an homosexual immigrant for Jamaica, resisted his return, saying that he would be prosecuted. The Secretary of State now appealed against a finding that his inclusion of Jamaica within the statutory list of safe countries for return was not rational. Held: The appeal failed. Homosexual, bisexual and transsexual people in Jamaica were at risk … Continue reading Brown (Jamaica), Regina (on The Applications of) v Secretary of State for The Home Department: SC 4 Mar 2015
Extra Division – Inner House – the respondent referred to a letter dated 20 December 2012 from the petitioner’s solicitors. In that letter, the solicitors contended that to require the petitioner to leave the United Kingdom, and thus be forced to apply for entry clearance from abroad, would breach her family and private life rights … Continue reading LWF (Ap) v Secretary of State for The Home Department: SCS 24 Sep 2014
The claimants applications had been decided under a fast track procedure since ruled ultra vires. Held: The decisions remained valid. Sharp, Peter Jackson, Singh LJJ [2018] EWCA Civ 2838, [2018] WLR(D) 787 Bailii, WLRD Nationality, Immigration and Asylum Act 2002 106 England and Wales Immigration Updated: 12 November 2021; Ref: scu.631420
The claimant challenged fines imposed on him after three illegal immigrants were found to have hidden in his lorry in the immigration control zone at Dunkirk. The 1999 At was to have been amended by the 2002 Act, and the implementation was by the 2002 Order. That Order was now said to be ineffective. Held: … Continue reading Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014
UTIAC 1. A decision to certify a person’s (P’s) removal under regulation 24AA of the European Economic Area Regulations 2006 operates as a temporary measure that can be applied only for so long as there is a statutory appeal which could be brought in time or which is pending. 2. Regulation 24AA is a discretionary … Continue reading Masalskas, Regina (on The Application of) v Secretary of State for The Home Department (Regulations 24Aa and 29Aa EEA Regs) (IJR): UTIAC 26 Nov 2015
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own account in respect of injuries sustained during the raid. The claimants … Continue reading Bankovic v Belgium: ECHR 12 Dec 2001
Unlawful Detention pending Deportation An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he had then been detained was too long and that the … Continue reading Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
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
The appellant had applied for leave to remain as a postgraduate doctor. Before her application was determined, the rules changed. She said that her application should have been dealt with under the rules applicable at the time of her application. Held: The appeal failed. The decision was to be taken under the Rules applying at … Continue reading Odelola v Secretary of State for the Home Department: HL 20 May 2009
Application for judicial review against a decision of the Secretary of State to the effect that the claimant’s claim to be protected against deportation to Sri Lanka on grounds of his Convention rights under the Human Rights Act 1998 was to be . .
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 . .
The court considered a challenge to the rules governing ‘out of country’ appeals against immigration decisions. They had in each case convictions leading to prison terms for serious drugs related offences.
Held: The appeals were allowed, and . .
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
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
