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MS (Uganda) v Secretary of State for The Home Department: CA 16 Jan 2014

‘This appeal raises a short point on the proper interpretation of section 83 of the Nationality, Immigration and Asylum Act 2002’ Judges: Elias LJ Citations: [2014] EWCA Civ 50, [2015] INLR 11, [2014] 1 WLR 2766, [2014] Imm AR 745 Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 83 Jurisdiction: England and Wales Immigration … Continue reading MS (Uganda) v Secretary of State for The Home Department: CA 16 Jan 2014

B, Regina (on the Application of) v The Asylum Support Adjudicator and Another: Admn 19 Sep 2005

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

In re Barcelona Traction, Light and Power Co Ltd (Belgium v Spain) (second phase): ICJ 5 Feb 1970

ICJ The claim arose out of the adjudication in bankruptcy in Spain of Barcelona Traction, a company incorporated in Canada. Its object was to seek reparation for damage alleged by Belgium to have been sustained by Belgian nationals, shareholders in the company, as a result of acts said to be contrary to international law committed … Continue reading In re Barcelona Traction, Light and Power Co Ltd (Belgium v Spain) (second phase): ICJ 5 Feb 1970

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

Joshi and Another, Regina (on The Application of) v Secretary of State for The Home Department: CA 15 May 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

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

OA and Others (Human Rights; ‘New Matter’; S120 : Nigeria): UTIAC 15 Jan 2019

Human rights appeals (1) In a human rights appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002, a finding that a person (P) satisfies the requirements of a particular immigration rule, so as to be entitled to leave to remain, means that (provided Article 8 of the ECHR is engaged), the Secretary … Continue reading OA and Others (Human Rights; ‘New Matter’; S120 : Nigeria): UTIAC 15 Jan 2019

ES (S82 Nia 2002, Negative NRM): UTIAC 6 Sep 2018

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

AK and IK (S85 NIAA 2002 – New Matters : Turkey): UTIAC 1 Feb 2019

If an appellant relies upon criteria that relate to a different category of the Immigration Rules to make good his Article 8 claim from that relied upon in his application for LTR on human rights grounds or in his s.120 statement such that a new judgment falls to be made as to whether or not … Continue reading AK and IK (S85 NIAA 2002 – New Matters : Turkey): UTIAC 1 Feb 2019

Ahmed and Others (Deprivation of Citizenship) (Pakistan): UTIAC 10 Feb 2017

(i) While the two fold duties enshrined in section 55 of the Borders, Citizenship and Immigration Act 2009 are imposed on the Secretary of State, the onus of making representations and providing relevant evidence relating to a child’s best interests rests on the appropriate parental figure. (ii) A failure to discharge this onus may well … Continue reading Ahmed and Others (Deprivation of Citizenship) (Pakistan): UTIAC 10 Feb 2017

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

MS (Uganda) v Secretary of State for The Home Department: SC 22 Jun 2016

The issue in this case concerns the true meaning and ambit of the additional right of appeal specific to asylum claims which was given by section 83 of the 2002 Act. Lord Neuberger, President, Lady Hale, Deputy President, Lord Wilson, Lord Hughes, Lord Toulson [2016] UKSC 33 Bailii, Bailii Summary Nationality, Immigration and Asylum Act … Continue reading MS (Uganda) v Secretary of State for The Home Department: SC 22 Jun 2016

Treebhawon and Others (Section 117B): UTIAC 19 Nov 2015

UTIAC (i) Section 117B (6) is a reflection of the distinction which Parliament has chosen to make between persons who are, and who are not, liable to deportation. In any case where the conditions enshrined in section 117B(6) of the Nationality, Immigration and Asylum Act 2002 are satisfied, the section 117B(6) public interest prevails over … Continue reading Treebhawon and Others (Section 117B): UTIAC 19 Nov 2015

Hussein, Regina (on The Application of) v First-Tier Tribunal (Para 353: Present Scope and Effect)(IJR): UTIAC 8 Aug 2016

UTIAC (1) Lord Neuberger’s judgment in R (ZA (Nigeria)) v Secretary of State for the Home Department [2010] EWCA Civ 926 is an authoritative pronouncement on the scope of the Supreme Court’s judgments in R (BA (Nigeria)) v Secretary of State for the Home Department [2009] UKSC 7. (2) Parliament’s actions in amending paragraph 353 … Continue reading Hussein, Regina (on The Application of) v First-Tier Tribunal (Para 353: Present Scope and Effect)(IJR): UTIAC 8 Aug 2016

BA (Nigeria) v Secretary of State for The Home Department and Others: SC 26 Nov 2009

The court was asked whether the expression ‘an asylum claim, or a human rights claim’ in section 92(4)(a) of the 2002 Act includes any second or subsequent claim that the asylum seeker may make, or only a second or subsequent claim which has been accepted as a ‘fresh claim’ by the Secretary of State under … Continue reading BA (Nigeria) v Secretary of State for The Home Department and Others: SC 26 Nov 2009

MG, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) (‘Fresh Claim’; Para 353: No Appeal) (IJR): UTIAC 17 May 2016

UTIAC 1. A decision that further submissions do not amount to a ‘fresh claim’ under para 353 of the Immigration Rules is not a decision to refuse a protection or human rights claim and so does not give rise to a right of appeal to the First-tier Tribunal under s.82 of the Nationality, Immigration and … Continue reading MG, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) (‘Fresh Claim’; Para 353: No Appeal) (IJR): UTIAC 17 May 2016

Deelah and Others (Section 117B – Ambit): UTIAC 30 Jul 2015

UTIAC (i) Sections 117A and 117B of the Nationality, Immigration and Asylum Act 2002 are not confined to an appeal under section 84(1)(c). They apply also to appeals brought under section 84(1)(a) and (g). (ii) Section 117B(4) and (5) of the 2002 Act, which instruct Judges to attribute ‘little weight’ to the considerations specified therein, … Continue reading Deelah and Others (Section 117B – Ambit): UTIAC 30 Jul 2015

Vassell, Regina (on The Application of) v Secretary of State for The Home Department (S96 Niaa 2002, Test; Merits) (IJR): UTIAC 3 Jun 2015

UTIAC In J v Secretary of State for the Home Department [2009] EWHC 705 (Admin), Stadlen J set out a four stage process that must be undertaken by the Secretary of State before she could certify a claim under s.96 of the Nationality, Immigration and Asylum Act 2002. The merits of any new matter raised … Continue reading Vassell, Regina (on The Application of) v Secretary of State for The Home Department (S96 Niaa 2002, Test; Merits) (IJR): UTIAC 3 Jun 2015

Ahmed and Another (PBS: Admissible Evidence): UTIAC 21 Jul 2014

UTIAC Where a provision of the Rules (such as that in para 245DD(k)) provides that points will not be awarded if the decision-maker is not satisfied as to another (non-points-scoring) aspect of the Rule, the non-points-scoring aspect and the requirement for points are inextricably linked. As a result, the prohibition on new evidence in s … Continue reading Ahmed and Another (PBS: Admissible Evidence): UTIAC 21 Jul 2014

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

Ved and Another (Appealable Decisions; Permission Applications; Basnet) (Tanzania): UTIAC 27 Mar 2014

UTIAC (1) A jurisdictional decision of the First-tier Tribunal, Immigration and Asylum Chamber, contained in a determination made after the appeal has passed the duty judge ‘screening’ stage, is appealable to the Upper Tribunal: Practice Statement 3.4; Abiyat and others (Rights of appeal) [2011] UKUT 314 (IAC). (2) Where the First-tier Tribunal has refused to … Continue reading Ved and Another (Appealable Decisions; Permission Applications; Basnet) (Tanzania): UTIAC 27 Mar 2014

TN (Afghanistan) and Another v Secretary of State for The Home Department: CA 12 Dec 2013

The applicants had arrived in the UK as minors fleeing Afghanistan. They now challenged grant of a discretionary leave to remain limited to expire withiin one year. Maurice Kay VP, Beatson, Briggs LJJ [2013] EWCA Civ 1609, [2013] WLR(D) 483, [2014] INLR 542, [2014] 1 WLR 2095, [2014] 2 CMLR 31 Bailii, WLRD Nationality, Immigration … Continue reading TN (Afghanistan) and Another v Secretary of State for The Home Department: CA 12 Dec 2013

Singh (No Immigration Decision- Jurisdiction) India: UTIAC 6 Sep 2013

UTIAC (i) An appeal under section 82 of the Nationality, Immigration and Asylum Act 2002 requires there to be an immigration decision, as there defined. Where no immigration decision has been made, the First-tier Tribunal has no jurisdiction to hear the appeal. (ii) Judges considering an appeal (or applications for permission to appeal) should ensure … Continue reading Singh (No Immigration Decision- Jurisdiction) India: UTIAC 6 Sep 2013

ST (Child Asylum Seekers) Sri Lanka: UTIAC 25 Jun 2013

UTIAC 1. Appeals can be brought under section 83 of the Nationality, Immigration and Asylum Act 2002 (so called ‘upgrade’ appeals’) only on the grounds that removing the appellant from the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention (see section 84(3)) or that the appellant is entitled to humanitarian protection … Continue reading ST (Child Asylum Seekers) Sri Lanka: UTIAC 25 Jun 2013

TN (Vietnam) and Another, Regina (on The Application of) v Secretary of State for The Home Department and Another: CA 19 Dec 2018

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

Secretary of State for the Home Department v AH (Sudan) and others: HL 14 Nov 2007

The three respondents had fled persecution in Darfur. They sought asylum which was refused, and they now appealed. It was argued that whilst they had a well founded fear of persecution in Dhafur, that would not apply if they returned to Khartoum. The AIT had found that it would not be unreasonable for them to … Continue reading Secretary of State for the Home Department v AH (Sudan) and others: HL 14 Nov 2007

A v British Broadcasting Corporation (Scotland): SC 8 May 2014

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

Begum v Special Immigration Appeals Commission and Others: CA 16 Jul 2020

Return To UK to fight Citizenship Withdrawal The appellant had, as a 15 year old, left to go to Iraq to be the ISIL terrorist group. She married an ISIL fighter and they had three children, the last one dying. Her citizenship of the UK had been withdrawn by the respondent leaving an entitlement to … Continue reading Begum v Special Immigration Appeals Commission and Others: CA 16 Jul 2020

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

Helow v Secretary of State for the Home Department and Another: HL 22 Oct 2008

The appellant, a Palestinian, challenged the involvement of Lady Cosgrove as a judge in her case, saying that Lady Cosgrove’s involvement as a jew in pro-Jewish lobby organisations meant that there was an appearance of bias. The applicant had sought asylum, saying that she had fled Palestine after taking legal action against the president of … Continue reading Helow v Secretary of State for the Home Department and Another: HL 22 Oct 2008

Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: Admn 19 Dec 2008

The two applicants had been detained by the armed forces in Iraq suspected of murder. They sought release before being transferred to the civilian authorities for trial saying that the trials would not be fair. The respondent denied that the applicants were within the jurisdiction of the court for this purpose, but merely being held … Continue reading Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: Admn 19 Dec 2008

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 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

AS (Somalia) and Another v Secretary Of State for the Home Department: HL 17 Jun 2009

The appellants complained that the provision which required that on hearing an appeal against refusal of an entry clearance the officer or tribunal could only consider the circumstances applying at the date of the application, infringed his human rights. They sought to come here to live with a cousin. Held: The appeals failed. The procedure … Continue reading AS (Somalia) and Another v Secretary Of State for the Home Department: HL 17 Jun 2009

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

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

Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005

The claimants said they had been subjected to harassment and violence from non-state agents in their home country of Lithuania, and sought asylum. Held: It was for the person claiming the protection of the Convention provisions for ill-treatment to show that the country would not provide them with adequate protection against non-state agents. It was … Continue reading Bagdanavicius and Another, Regina (on the Application of) v: HL 26 May 2005

Mujahid, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) and The Secretary of State for The Home Department (Refusal of Human Rights Claim): UTIAC 25 Feb 2020

(1) A person (C) in the United Kingdom who makes a human rights claim is asserting that C (or someone connected with C) has, for whatever reason, a right recognised by the ECHR, which is of such a kind that removing C from, or requiring C to leave, . .

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