The claimant sought judicial review of a decision to certify his claim as not to be appealed. Holroyde J [2016] EWHC 2883 (Admin) Bailii Nationality, Immigration and Asylum Act 2002 82 96 England and Wales Immigration Updated: 25 January 2022; Ref: scu.571404
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
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
Application for judicial review of a decision made by the Secretary of State for the Home Department on 15 June 2006 to certify the Claimant’s asylum and human rights claims under Section 96 of the 2002 Act on the grounds that they relied on matters which could have been raised in the Claimant’s appeal against … Continue reading J, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 2 Apr 2009
The asylum claimant had said that he was a minor when his case was first considered, but to the IAT said that at the time of that hearing any error was no longer material since he had now attained 18. Held: A court should be very reluctant to allow that an error in law affecting … Continue reading AA (Afghanistan) v Secretary of State for the Home Department: CA 29 Jan 2007
Citations: [2005] EWCA Civ 110 Links: Bailii Statutes: Nationality Immigration and Asylum Act 2002 96(2) Jurisdiction: England and Wales Administrative, immigration Updated: 29 June 2022; Ref: scu.222932
The applicant sought judicial review of the respondent’s certificate as to his asylum claim under s96(2). Held: The applicant had made a claim under human rights law. That had been rejected. He now sought to renew his application as an asylum claim, but on substantially the same facts. The respondent was free to give his … Continue reading Regina on the Application of Borak v Secretary of State for the Home Department: QBD 30 Jul 2004
The applicant asylum seeker had had her application refused, and was awaiting a removal order. She had a child and asked the authority to house her pending her removal. Held: Provided she was not in breach of the removal order, the council had power to provide her with assistance. Though the authority had no duty … Continue reading M v London Borough of Islington and Another: CA 2 Apr 2004
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
Lord Stewart [2014] ScotCS CSOH – 52 Bailii Nationality, Immigration and Asylum Act 2002 96(2) Scotland, Immigration Updated: 01 December 2021; Ref: scu.522572
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
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
Section 120 of the Nationality, Immigration and Asylum Act 2002
(1) Where, in the course of a human rights appeal under section 82(2)(b) of the 2002 Act, P responds to a notice served by the Secretary of State under section 120 of that Act by . .
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