UTIAC In cases where s 72 of the Nationality, Immigration and Asylum Act 2002 is invoked, it is important to see that the specific requirements of that section have been complied with. In particular, if the conviction was outside the United Kingdom, there must be either proof of the offence and sentence (s 72(3)), or … Continue reading HAA (S72: Overseas Conviction) Somalia: UTIAC 10 Oct 2012
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
The Home Secretary appealed against a finding that it had been an abuse of process and unlawful for the Secretary of State to have refused to grant to the Respondent refugee status and 5 years’ leave to remain in this country on the ground that he . .
AIT The presumptions in s.72 of the Nationality, Immigration and Asylum Act 2002 that in the circumstances specified a person has been convicted by a final judgment of a ‘particularly serious crime’ for the . .
UTIAC (1) The Immigration (Notices) Regulations 2003 do not apply to a decision under the Immigration Act 1971, which is not an immigration decision within the meaning of section 82 of the Nationality, Immigration and Asylum Act 2002.(2) There is no statutory instrument under the 1971 Act dealing with the means of giving notice for … Continue reading Syed (Curtailment of Leave – Notice) India: UTIAC 4 Mar 2013
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 considered its freedom to depart from an earlier decision of the Court of Appeal Judges: Arden, Longmore, Lewison LJJ Citations: [2018] EWCA Civ 273, [2018] 3 WLR 490, [2018] 3 All ER 772, [2019] QB 71, [2018] WLR(D) 114 Links: Bailii, WLRD Statutes: Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious … Continue reading DN (Rwanda) v The Secretary of State for The Home Department: CA 22 Feb 2018
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. The First-tier Tribunal (Immigration and Asylum Chamber) is required to apply of its own motion the statutory presumptions in s.72 of the Nationality, Immigration and Asylum Act 2002 to the effect that Art 33(2) of the Refugee Convention will not prevent refoulement of a refugee where the factual underpinning for the application of … Continue reading Mugwagwa (S.72 – Applying Statutory Presumptions) Zimbabwe: UTIAC 20 Jul 2011
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
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
What powers do local authorities now have to provide accommodation for an adult who, not being an asylum-seeker, is unlawfully present in the United Kingdom and who is caring for a child? Judges: Wilson J Citations: [2003] EWHC 1388 (Admin), [2003] HLR 73, [2003] 2 FLR 903, [2003] Fam Law 729, [2004] ACD 8 Links: … Continue reading M, Regina (on the Application Of) v Islington and Another: Admn 5 Jun 2003
Judges: His Honour Judge Mark Rogers Citations: [2014] EWHC 1772 (Admin) Links: Bailii Statutes: Nationality, Immigration and Asylum Act 2002 Jurisdiction: England and Wales Immigration Updated: 24 August 2022; Ref: scu.526074
The respondent had listed criminal offences committed by the applicants in support of his decision to have them removed and returned home. Held: The appeal was allowed. The list provided included offences which were not of the serious nature required for inclusion in such a list, and the respondent had not properly allowed for the … Continue reading EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Same: CA 26 Jun 2009
Section 117B(6) of the Nationality, Immigration and Asylum Act 2002 requires a court or tribunal to hypothesise that the child in question would leave the United Kingdom, even if this is not likely to be the case, and ask whether it would be reasonable to expect the child to do so. Citations: [2019] UKUT 72 … Continue reading JG (S 117B, : ‘Reasonable To Leave’ UK (Rev 1)) Turkey: UTIAC 15 Mar 2019
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
Application for judicial review of decisions of the respondent to remove him from the United Kingdom, to refuse to revoke a deportation order and to certify that refusal under Section 96 of the 2002 Act, leaving the applicant with no right of appeal against the decision. [2015] UKUT 654 (IAC) Bailii the Nationality, Immigration and … Continue reading Bent, Regina (on The Application of) v Secretary of State for The Home Department (IJR): UTIAC 6 Nov 2015
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
UTIAC 1. That ‘precariousness’ is a criterion of relevance to family life as well as private life cases is an established part of Article 8 jurisprudence: see e.g. R (Nagre) v SSHD [2013] EWHC 720 (Admin) and Jeunesse v Netherlands, app.no.12738/10 (GC). 2. The ‘little weight’ provisions of s.117B(4)(a) and (5) of the Nationality, Immigration … Continue reading Rajendran (S117B – Family Life): UTIAC 7 Mar 2016
(1) An appellant in an Article 8 human rights appeal who argues that there is no public interest in removal because after leaving the UK he or she will be granted entry clearance must, in all cases, address the relevant considerations in Part 5A of the Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’) … Continue reading Younas (Section 117B, (B); Chikwamba; Zambrano) Pakistan: UTIAC 24 Mar 2020
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
Lord Stewart [2014] ScotCS CSOH – 52 Bailii Nationality, Immigration and Asylum Act 2002 96(2) Scotland, Immigration Updated: 01 December 2021; Ref: scu.522572
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
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 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
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 . .
Leave to remain – Application – Reasonableness of expecting child applicant to leave United Kingdom – Proper approach to applying reasonableness test . .
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