The claimant arrived in England on a six month pass. He then applied for asylum, but his claim was rejected. He later resisted an attempt to remove him on human rights grounds. The court considered the guidance from the Immigration Appeal Tribunal on appeals which were entirely based upon human rights claims after completion of a previous determination.
Held: The guidance was correct. The IAT was a specialist tribunal and was entitled to give such guidance to the entire body of practitioners.
Judges:
Lord Justice Judge Lord Justice Tuckey Kay, Lord Justice Kay
Citations:
[2004] EWCA Civ 804, Times 12-Jul-2004
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina on the Application of Ruslanas Bagdanavicius, Renata Bagdanaviciene v Secretary of State for the Home Department CA 11-Nov-2003
Failed Roma asylum applicants challenged an order for their return to Lithuania. There had been family objections to the mixed marriage leaving them at risk of violence from the local mafia, and an order for their return would infringe their article . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 07 September 2022; Ref: scu.198475