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
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
The Claimant sought judicial review of the lawfulness of (i) decisions to continue to authorise his administrative detention under section 36(1)(a) of the 2007 Act; and (ii) the conditions of that detention. Judges: Singh J Citations: [2012] EWHC 979 (Admin) Links: Bailii Statutes: UK Borders Act 2007 36(1)(a) Jurisdiction: England and Wales Immigration, Torts – … Continue reading HA (Nigeria)), Regina (on The Application of) v Secretary of State for The Home Department: Admn 17 Apr 2012
The Claimant seeks damages for the tort of false imprisonment. He alleges that the Defendant’s servants or agents falsely imprisoned him from 30 June 2011 until 6 September 2012. The Claimant argues that he is entitled to compensatory damages, aggravated damages and exemplary damages. The Defendant asserts that the Claimant was not falsely imprisoned at … Continue reading Assad v Secretary of State for The Home Department: QBD 31 Jul 2015
(1) There can be little doubt that, in enacting the UK Borders Act 2007, Parliament views the object of deporting those with a criminal record as a very strong policy, which is constant in all cases (SS (Nigeria) v SSHD [2013] EWCA Civ 550). The weight to be attached to that object will, however, include … Continue reading McLarty (Deportation – Proportionality Balance): UTIAC 16 Jun 2014
Judges: Maurice Kay, Stanley Burnton LJJ, Sir Stephen Sedley Citations: [2012] EWCA Civ 1363 Links: Bailii Statutes: UK Borders Act 2007 32(5), European Convention on Human Rights 8 Jurisdiction: England and Wales Human Rights Updated: 05 November 2022; Ref: scu.465113
The court was asked as to the correlation between the powers of the Secretary of State for Justice to release a prisoner on home detention curfew and the powers of the Secretary of State for the Home Department to detain a person under section 36 of the UK Borders Act 2007. Judges: Kay QC J … Continue reading Aitouaret, Regina (on The Application of) v Secretary of State for The Home Department: Admn 29 Oct 2010
Three applicants had sought an extension of their leave to remain pending the determination of an application to vary the period of leave. In each case, the applications had been faulty, either for non-payment of fees, or failure to provide biometric information. The appellants contended that an application which was ‘invalid’ under the regulations was … Continue reading Iqbal and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 30 Jul 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
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
Bias may not be intentional The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim of victimisation contrary to section 2(1) of the 1976 Act, finding … Continue reading Swiggs and others v Nagarajan: HL 15 Jul 1999
