Search Results for: Nationality Immigration and Asylum Act 2002 94B

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Adesanya, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 May 2016

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

Watson, Regina (on The Application of) v Secretary of State for The Home Department (S 94B Process, S 25 Powers): UTIAC 5 May 2022

(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

AJ (S 94B: Kiarie and Byndloss Questions) Nigeria: UTIAC 28 Feb 2018

(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

Watson, Regina (on The Application of) v Secretary of State for The Home Department and Another: UTIAC 5 Apr 2018

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

Yilmaz and Another v Secretary of State for The Home Department: CA 10 Mar 2022

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

JT, Regina (on The Application of) v Secretary of State for The Home Department (S94B Niaa 2002 Certification) (IJR): UTIAC 28 Aug 2015

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

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

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