Click the case name for better results:

UKBorder Agency (Decision Notice): ICO 26 Nov 2009

ICO In February 2007, the complainant requested a copy of a report by the Office of Surveillance Commissioners relating to the then UK Immigration Service (now UK Borders Agency). The public authority refused to provide this citing section 31(1)(e) as its basis for doing so. It upheld this position on internal review. The public authority … Continue reading UKBorder Agency (Decision Notice): ICO 26 Nov 2009

Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening): HL 13 Jun 2007

Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied and run by British military personnel. It was … Continue reading Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening): HL 13 Jun 2007

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Johnson, Regina (on The Application of) v The Secretary of State for The Home Department: CA 26 Jan 2016

The appellant was Jamaican by birth, but had lived here with his British father since the age of four. Had his parents been married, he would have had British nationality. As he grew to an adult he was convicted on several serious matters. He now said that a deportation would infringe his article 8 rights … Continue reading Johnson, Regina (on The Application of) v The Secretary of State for The Home Department: CA 26 Jan 2016

Irons, Regina (on The Application of) v Secretary of State for The Home Department (Fcjr): UTIAC 23 Sep 2013

Application for judicial review of a decision of the respondent to refuse the further representations of the applicant, a citizen of Jamaica, as a fresh claim following the making of a deportation order against him under Section 32(5) of the UK Borders Act 2007 and the subsequent decision to remove him to Jamaica. Storey UTJ … Continue reading Irons, Regina (on The Application of) v Secretary of State for The Home Department (Fcjr): UTIAC 23 Sep 2013

Terrelonge (Para 399(B)): UTIAC 3 Nov 2015

(i) The requirements in para 399(b) are conjunctive. Accordingly, the correct approach is to consider para 399(b)(i) before the requirements in para 399(b)(ii) and (iii). If para 399(b)(i) is not satisfied, there is no need to consider the issues of undue hardship in para 399(b)(ii) and (iii). The offender would then have to rely upon … Continue reading Terrelonge (Para 399(B)): UTIAC 3 Nov 2015

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

AG, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 May 2015

‘This case concerns the legality of the authorisation and continuation of the detention of the Claimant, a Somali national, under administrative powers contained in sections 36(1)(a) and 36(2) of the UK Borders Act 2007 (the 2007 Act) and Schedule 3 paragraph (2)(3) of the Immigration Act 1971 (the 1971 Act) from 8 July 2010 to … Continue reading AG, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 May 2015

Greenwood (Automatic Deportation: Order of Events): UTIAC 15 Jul 2014

UTIAC (1) The appealable decision that s 32(5) of the UK Borders Act 2007 applies is not invalid by reason of being dated after the deportation order to which it relates. (2) In an appeal against automatic deportation there is no appeal against a decision to deport or against the order to deport, but only … Continue reading Greenwood (Automatic Deportation: Order of Events): UTIAC 15 Jul 2014

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

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

Ismail, Regina (on The Application of) v Secretary of State for The Home Department: Admn 13 Dec 2013

The Claimant, a national of Somalia, applies for judicial review of the Defendant’s decision to detain him in immigration detention with a view to deportation under section 32, UK Borders Act 2007, following his conviction for assault. He seeks a declaration that his ongoing detention is unlawful and that his rights under Art. 5 ECHR … Continue reading Ismail, Regina (on The Application of) v Secretary of State for The Home Department: Admn 13 Dec 2013

Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

BAH (EO (Turkey) – Liability To Deport) Sierra Leone: UTIAC 20 Jun 2012

In a deportation appeal not falling within section 32 of the UK Borders Act 2007, the sequence of decision making set out in EO (deportation appeals: scope and process) Turkey [2007] UKAIT 62 still applies but the first step is expanded as follows:i) Consider whether the person is liable to be deported on the grounds … Continue reading BAH (EO (Turkey) – Liability To Deport) Sierra Leone: UTIAC 20 Jun 2012

Regina v Kluxen: CACD 14 May 2010

The court considered the occasions on which a court should recommend deportation after completion of a prison sentence and how this might differ between EU and non-EU nationals. Held: Since the 2007 it is not appropriate to recommend deportation of a ‘foreign criminal’ as defined in section 32. The Home Secretary is now under that … Continue reading Regina v Kluxen: CACD 14 May 2010

Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010

ECJ Opinion – Articles 18, 20 and 21 TFEU – Fundamental rights as general principles of European Union law – Article 7 of the Charter of Fundamental Rights of the European Union – European citizenship – Unemployment benefits – Child with the nationality of a Member State – Right of residence of parents who are … Continue reading Ruiz Zambrano (European Citizenship): ECJ 30 Sep 2010

HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening): HL 3 Aug 2000

Restitutionary Claim against Pofits from Breach The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not first seeking authority to publish. … Continue reading HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening): HL 3 Aug 2000