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
Both claimants applied to the defendant Secretary of State to have deportation orders made against them revoked on asylum or human rights grounds. These applications were rejected. Both had previously made asylum or human rights claims that were the subject of adverse determinations and unsuccessful appeals before the deportation orders were signed. Both claimed a … Continue reading Etame v Secretary of State for the Home Department and Another; Anirah v Same: Admn 23 May 2008
The Tribunal had concluded in JM (Rule 62(7); human rights unarguable) Liberia * [2006] UKAIT 00009 that a human rights claim was not justiciable on a variation of leave appeal because in such a case the appellant’s removal was not imminent, and the case was not within section 84(1)(g) which conferred the relevant jurisdiction on … Continue reading JM v Secretary of State for the Home Department: CA 4 Oct 2006
Judges: Longmore, Davis LJJ, Sir Stephen Sedley Citations: [2012] EWCA Civ 1436, [2013] INLR 456, [2012] WLR(D) 318, [2013] Imm AR 319, [2013] 1 WLR 1090 Links: Bailii, WLRD Statutes: Nationality, Immigration and Asylum Act 2002 92(1) 92(4)(a) Jurisdiction: England and Wales Immigration Updated: 14 June 2022; Ref: scu.465709
The court was asked whether the right of appeal against the Home Office’s refusal to revoke a deportation order was exercisable from within the United Kingdom.
Held: The appeals succeeded. It was. The case presented by the Secretary of State . .
