Judicial review raises a short question of construction of section 113(1) of the Nationality, Immigration and Asylum Act 2002, ‘was the claimant’s claim, made in the course of an immigration appeal against the defendant’s refusal to grant her leave to enter, a ‘human rights claim’ in the sense defined by section 113(1)?’ The claimant contended that it was but the defendant contended that it was not, essentially because the claim was not ‘made to the defendant at a place designated by the defendant’ but was instead served on the Asylum and Immigration Tribunal as part of the claimant’s notice of appeal and her legal representative’s skeleton argument for use at the hearing of the appeal.
[2010] EWHC 2043 (Admin)
Bailii
Nationality, Immigration and Asylum Act 2002 113(1)
England and Wales
Updated: 18 July 2021; Ref: scu.421373
