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Regina v Secretary of State for the Home Department Ex Parte Bentley: QBD 8 Jul 1993

Bentley had been convicted of the murder of a policeman. He was of low intelligence and he was captured. His co-accused still held a gun. He shouted out ‘Let him have it’ He was convicted, but had said that he had only intended for the gun to be surrendered. A posthumous pardon was sought. Held: … Continue reading Regina v Secretary of State for the Home Department Ex Parte Bentley: QBD 8 Jul 1993

Revenko v Secretary of State for the Home Department: CA 31 Jul 2000

Whether a stateless person who is unable to return to the country of his former habitual residence is, by reason of those facts alone, a refugee within the meaning of the 1951 Convention relating to the Status of Refugees, as modified by the 1967 New York Protocol. The Tribunal found, and the Secretary of State … Continue reading Revenko v Secretary of State for the Home Department: CA 31 Jul 2000

European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

Regina v Secretary of State for Department (ex parte Adan) and Regina v Secretary of State for Home Department (ex parte Subaskaran) etc: CA 23 Jul 1999

Where a country was a signatory to the Convention, but chose to interpret it so as not to give the same protection against oppression by non-state agents which would be given here, the Home Secretary was wrong to certify such countries, in this case France and Germany, as safe countries in which the asylum seekers … Continue reading Regina v Secretary of State for Department (ex parte Adan) and Regina v Secretary of State for Home Department (ex parte Subaskaran) etc: CA 23 Jul 1999

Khaboka v Secretary of State for the Home Department: CA 1993

A refugee does not become a refugee because of recognition as such. He is recognised because he is a refugee so, for the purposes of Article 31.1 the term refugee includes someone who is only subsequently established as being a refugee, in other words a bona fide claimant. Citations: [1993] Imm AR 483 Statutes: Convention … Continue reading Khaboka v Secretary of State for the Home Department: CA 1993

In re H (a Minor) (Child abduction: Mother’s Asylum): FD 25 Jul 2003

The mother fled Pakistan and secured asylum here, proving a well founded fear of persecution if she returned. She had brought her son. The father applied for the child to be returned for the courts there to decide his future, saying he had been abducted. Held: To order the return of the child anticipating the … Continue reading In re H (a Minor) (Child abduction: Mother’s Asylum): FD 25 Jul 2003

DH (Particular Social Group: Mental Health) Afghanistan: UTIAC 3 Jun 2020

1. The Geneva Convention relating to the Status of Refugees 1951 provides greater protection than the minimum standards imposed by a literal interpretation) of Article 10(1)(d) of the Qualification Directive (Particular Social Group). Article 10 (d) should be interpreted by replacing the word ‘and’ between Article 10(1)(d)(i) and (ii) with the word ‘or’, creating an … Continue reading DH (Particular Social Group: Mental Health) Afghanistan: UTIAC 3 Jun 2020

Regina v Secretary of State for the Home Department, Ex parte Singh: QBD 8 Jun 1987

The Refugee Convention had ‘indirectly’ been incorporated under English law. The court considered whether a person allowed entry by an immigration officer was lawfully here irrespective of other considerations. As to the case of Musis in the Bugdaycay case: ‘Each of the present applicants had only been granted temporary admission and they required, but had … Continue reading Regina v Secretary of State for the Home Department, Ex parte Singh: QBD 8 Jun 1987

DL (DRC) v The Entry Clearance Officer, Pretoria: CA 18 Dec 2008

The Court asked: ‘1(a) Is a person who is outside his country of origin and recognised as a refugee, and who has subsequent to that recognition taken on the nationality of the host country, still a refugee within the meaning of the 1951 Geneva Convention on the Status of Refugees?(b) If such a person does … Continue reading DL (DRC) v The Entry Clearance Officer, Pretoria: CA 18 Dec 2008

Regina v Fraydon Navabi; Senait Tekie Embaye: CACD 11 Nov 2005

The defendants had been convicted of not having an immigration document when presenting themselves for interview. They had handed their passports to the ‘agents’ who had assisted their entry. Held: The jury should have been directed as to the defence of reasonable excuse and otherwise. The statute had to be read so as to comply … Continue reading Regina v Fraydon Navabi; Senait Tekie Embaye: CACD 11 Nov 2005

Hoxha and Another v Secretary of State for the Home Department: HL 10 Mar 2005

The claimants sought to maintain their claims for asylum. They had fled persecution, but before their claims for asylum were determined conditions in their home country changed so that they could no longer be said to have a well founded fear of persecution. Held: The decision on the grant required the fear to remain well … Continue reading Hoxha and Another v Secretary of State for the Home Department: HL 10 Mar 2005

In re S (Children) (Child abduction: Asylum appeal): FD 24 Apr 2002

The mother had applied here for asylum. Her application had been refused but was subject to appeal. The father in India sought the return of the children on the basis that they had been removed from a Convention country which was their habitual residence, and against his will as their father. The mother applied for … Continue reading In re S (Children) (Child abduction: Asylum appeal): FD 24 Apr 2002

Hoxha and Another v Secretary of State for the Home Department: CA 14 Oct 2002

The applicant sought asylum. He had suffered persecution, and continued to suffer the effects of that persecution on his health. He appealed a refusal which was on the basis that the conditions which led to the persecution would not now apply. Held: The applicants had had well founded fears of persecution when they left Albania, … Continue reading Hoxha and Another v Secretary of State for the Home Department: CA 14 Oct 2002

Regina (Yogathas) v Secretary of State for the Home Department: CA 9 Sep 2001

When assessing the propriety of an order requiring an asylum seeker to be removed and returned to a third country, it was wrong to look at the processes which might be applied by that third country. The court should look at the outcome of the decision and the test laid down, namely whether that third … Continue reading Regina (Yogathas) v Secretary of State for the Home Department: CA 9 Sep 2001

Amuur v France: ECHR 25 Jun 1996

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Violation of Art. 5-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings‘In order to determine whether someone has been ‘deprived of his liberty’ within the meaning of Article 5, the … Continue reading Amuur v France: ECHR 25 Jun 1996

Sivakumar v Secretary of State for the Home Department: CA 24 Jul 2001

The applicant for asylum was a Tamil. He was persecuted. He claimed it was political. The possibility of drawing that inference was greater when legal mis-treatment was not expected to be followed by legal proceedings. Excessive or arbitrary punishment for political offences did not necessarily amount to persecution for a Convention reason, but it did … Continue reading Sivakumar v Secretary of State for the Home Department: CA 24 Jul 2001

Regina on the Application of Santia Yogathas v Secretary of State for Home Department: Admn 25 May 2001

When asking whether it was correct to certify the removal of an asylum seeker to a third country, in the light of a country’s compliance with the Convention, the issue should be approached in an intensely practical fashion. The question was not primarily whether the third country’s laws were compliant, but rather what was the … Continue reading Regina on the Application of Santia Yogathas v Secretary of State for Home Department: Admn 25 May 2001

Regina v Immigration Appeal Tribunal and Another ex parte Shah: HL 25 Mar 1999

Both applicants, Islam and Shah, citizens of Pakistan, but otherwise unconnected with each other, had suffered violence in Pakistan after being falsely accused them of adultery. Both applicants arrived in the UK and were granted leave to enter as visitors for six months. Both applicants subsequently applied for asylum on the ground that having been … Continue reading Regina v Immigration Appeal Tribunal and Another ex parte Shah: HL 25 Mar 1999

Horvath v Secretary of State for the Home Department: CA 2 Dec 1999

The degree of protection from non-state persecution available to an asylum seeker, is a relevant factor in asylum applications. Where that protection was inadequate, for reasons not related to the nature of that persecution, that also was relevant. It affected the issues of whether persecution existed, whether the fear of it was well founded, and … Continue reading Horvath v Secretary of State for the Home Department: CA 2 Dec 1999

Horvath v Secretary of State for the Home Department: HL 7 Jul 2000

When considering the fear of prosecution in an applicant for asylum, the degree of persecution expected from individuals outside the government was to be assessed in the context also of the attitude of the government of the country to such persecution, and the level of protection it was prepared to offer. The failure of state … Continue reading Horvath v Secretary of State for the Home Department: HL 7 Jul 2000

Noune v Secretary of State for the Home Department: CA 20 Dec 2000

Where a conscientious civil servant was threatened by insurgents who sought to persuade her to use her position to their advantage, but that civil servants could not expected to receive the protection of her estate from such insurgents, the Convention would give her protection as a refugee for asylum. The position of government employees in … Continue reading Noune v Secretary of State for the Home Department: CA 20 Dec 2000

Regina v Secretary of State for the Home Department, ex parte Musisi: HL 1987

Mr Musisi sought entry to the United Kingdom as a visitor from Kenya. When that application looked as though it might fail, he claimed political asylum as a refugee from Uganda. His application for asylum was refused on the basis that he had come from a safe third country, Kenya. This decision was challenged on … Continue reading Regina v Secretary of State for the Home Department, ex parte Musisi: HL 1987

In re Acosta: 1985

US Board of Immigration Appeals – Held: ‘We find the well-established doctrine of ejusdem generis, meaning literally, ‘of the same kind,’ to be most helpful in construing the phrase ‘membership in a particular social group.’ That doctrine holds that general words used in an enumeration with specific words should be construed in a manner consistent … Continue reading In re Acosta: 1985

IA (Iran) v The Secretary of State for The Home Department (Scotland): SC 29 Jan 2014

The appellant Iranian challenged refusal of his claim for asylum. He had been granted refugee status in Iraq and in Turkey by the United Nations commission, but on arrival in the UK, his asylum claim had been rejected on the basis of the credibility of his assertions. Held: The appeal failed. Those making such decisions … Continue reading IA (Iran) v The Secretary of State for The Home Department (Scotland): SC 29 Jan 2014

Bolbol (Area Of Freedom, Security And Justice): ECJ 17 Jun 2010

ECJ Directive 2004/83/EC – Minimum standards for the qualification and status of third country nationals or stateless persons as refugees – Stateless person of Palestinian origin who has not sought protection or assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) – Application for refugee status – … Continue reading Bolbol (Area Of Freedom, Security And Justice): ECJ 17 Jun 2010

Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999

The three asylum seeker appellants arrived in the United Kingdom at different times in possession of false passports. They were prosecuted for possession or use of false documents contrary to section 5, and for obtaining air services by deception under the Criminal Attempts Act. At the time, their applications to be accorded refugee status had … Continue reading Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999

Adan v Secretary of State for the Home Department: HL 6 Apr 1998

A fear of persecution which was justified only historically, was insufficient to justify an asylum claim. The applicant must show justification for contemporary fears. The applicant had been granted exceptional leave to remain in the UK, but wanted full refugee status because of the additional rights that would bring. In each case an applicant had … Continue reading Adan v Secretary of State for the Home Department: HL 6 Apr 1998

ST Eritrea, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Mar 2012

The Tribunal had confirmed the appellant’s refugee status, but the respondent had ordered nevertheless that she be returned. The judge’s order setting aside that decision had been overturned in the Court of Appeal. Held: The claimant’s appeal failed. The Convention set two standards of protection for refugees. Article 33 prevented the return of anyone to … Continue reading ST Eritrea, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Mar 2012

JS (Sri Lanka), Regina (on The Application of) v Secretary of State for The Home Department: SC 17 Mar 2010

The asylum seeker was accused of complicity in war crimes in Sri Lanka. He had worked as an intelligence officer but his cover had been broken and he fled to the UK. It was said that he was excluded from protection as an asylum seeker. Held: The Home Secretary’s appeal failed. Article 28 is to … Continue reading JS (Sri Lanka), Regina (on The Application of) v Secretary of State for The Home Department: SC 17 Mar 2010

Regina v Home Secretary, ex parte Sivakumaran: HL 16 Dec 1987

The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the Convention. Held: When deciding whether an asylum applicant’s fear of persecution was … Continue reading Regina v Home Secretary, ex parte Sivakumaran: HL 16 Dec 1987

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