Where: (a) an individual who is in the United Kingdom makes an application for indefinite leave to remain which is to be treated as a human rights claim within the meaning of s. 113 of the 2002; and (b) the Secretary of State decides not to grant indefinite leave to remain but grants the individual … Continue reading Mujahid, Regina (on The Application of) v First Tier Tribunal (Immigration and Asylum Chamber): CA 31 Mar 2021
Judicial review raises a short question of construction of section 113(1) of the Nationality, Immigration and Asylum Act 2002, ‘was the claimant’s claim, made in the course of an immigration appeal against the defendant’s refusal to grant her leave . .
(1) The Secretary of State’s assessment of whether a claim by C constitutes a human rights claim, as defined by section 113 of the Nationality, Immigration and Asylum Act 2002, is not legally determinative. The Secretary of State’s Guidance is, however, broadly compatible with what the High Court in R (Alighanbari) v Secretary of State … Continue reading MY (Refusal of Human Rights Claim : Pakistan): UTIAC 27 Feb 2020
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
Judges: Underhill VP CA, Phillips LJJ, Sir Stephen Irwin Citations: [2021] EWCA Civ 113, [2021] WLR(D) 81 Links: Bailii, WLRD, Judiciary Statutes: Nationality Immigration and Asylum Act 2002 Jurisdiction: England and Wales Immigration, Human Rights Updated: 07 September 2022; Ref: scu.657786
IAT (i) failed Turkish asylum-seekers who seek to rely on ‘standstill’ provisions under the Ankara Agreement of 1963 by virtue of engaging in business or being self-employed in the UK (even assuming they have received an appealable immigration decision) do not have an in-country right of appeal under the legislative framework in place on 1 … Continue reading SS and others (Ankara Agreement, No In-Country Right of Appeal) Turkey: IAT 29 Sep 2006
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
UTIAC 1. Notwithstanding the amendments brought about by the Immigration Act 2014 to the types of decisions appealable under s82 of the Nationality, Immigration and Asylum Act 2002, para 353 of HC395 continues to perform a gateway function in respect of access to a right of appeal. Arguments to the contrary, founded upon dicta in … Continue reading Robinson, Regina (on The Application of) v Secretary of State for The Home Department (Paragraph 353 – Waqar Applied) (IJR): UTIAC 16 Feb 2016
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
The claimant appealed against rejection of his request for judicial review of a adecision of the respondent not to revoke a deportation order. Held: The appeal failed. Moore-Bick, Tomplinson, McCombe LJJ [2014] EWCA Civ 88, [2014] 2 All ER 973, [2014] WLR(D) 60, [2014] 1 WLR 3173, [2014] Imm AR 768 Bailii, WLRD Nationality Immigration … Continue reading Khan v Secretary of State for The Home Department: CA 11 Feb 2014
Meaning of ’caused serious harm’ (A) section 117D(2)(b)(ii): ’caused serious harm’ The current case law on ’caused serious harm’ for the purposes of the expression ‘foreign criminal’ in Part 5A of the 2002 Act can be summarised as follows: (1) Whether P’s offence is ‘an offence that has caused serious harm’ within section 117D(2)(c)(ii) is … Continue reading Wilson (NIAA Part 5A; Deportation Decisions): UTIAC 25 Nov 2020
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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
