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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. Â |
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Extradition - From: 1993 To: 1993This page lists 9 cases, and was prepared on 21 May 2019.   Regina v Metropolitan Stipendiary Magistrate Ex parte Lee; QBD 3-Mar-1993 - Independent, 03 March 1993; [1993] EWHC Admin 6; [1993] 1 WLR 1294  In re Avishalom Sarig [1993] COD 472; CO/2643/92 26 Mar 1993 Evans LJ Extradition An extradition request came from the United States. The applicant resisted saying that the conviction was not final. Held: The court should examine the nature of the conviction itself. The conviction of the fugitive in his absence was treated as final because if he were returned the court would have a discretion whether or not to set that conviction aside. Evans LJ said: "The question is, does the applicant have a right to trial of the alleged or admitted extradition crime, notwithstanding the conviction which has been recorded?" 1 Citers   Regina v Secretary of State for the Home Department: ex parte Chahal; QBD 5-Apr-1993 - Ind Summary, 05 April 1993  Re Anderson Ind Summary, 26 April 1993 26 Apr 1993 QBD Extradition Where defendant is accused of being unlawfully at large, the Justices must hear the application in two stages. Extradition Act 1989 9(8)   In Re Farinha; QBD 3-May-1993 - Times, 03 May 1993  Regina v Governor of Pentonville Prison Ex Parte Lee Gazette, 23 June 1993 23 Jun 1993 QBD Extradition The Court may not require further documents from a country requesting an extradition.   Regina v Horseferry Road Magistrates' Court, ex Parte Bennett (No 1); HL 24-Jun-1993 - Independent, 01 July 1993; Times, 25 June 1993; [1993] 3 WLR 90; [1994] 1 AC 42; [1993] UKHL 10; (1993) 3 All ER 138; (1994) 98 Cr App R 114  Regina v Secretary of State for the Home Department Ex Parte Ejaz Independent, 22 December 1993; Times, 07 December 1993; [1994] QB 496 7 Dec 1993 CA Stuart-Smith LJ Immigration, Extradition The question was whether the Secretary of State was entitled to treat a woman who had obtained naturalisation as the wife of a British citizen as an illegal entrant on the basis that her husband was not in fact a British citizen. Held: he was not so entitled. A registered or naturalised citizen is a British citizen and his Citizenship certificate remains valid until it is withdrawn under a s40 order. Stuart-Smith LJ: "A person who has acquired British citizenship by registration or certificate of naturalisation can … be deprived of his citizenship as a result of conduct that led to the grant of registration or naturalisation, or because of certain conduct thereafter. Subsequent conduct is dealt with in section 40(3) and consists of (a) disloyalty or disaffection to the Queen, (b) trading or communicating with the enemy in time of war or (c) imprisonment for twelve months or more within five years of the date when the person became a British citizen. We are not concerned with this subsection." British Nationality Act 1981 40 1 Cites 1 Citers  Regina v Governor of Brixton Prison and Another, Ex Parte Evans Times, 10 December 1993 10 Dec 1993 QBD Extradition Justices may not hear evidence from Defendant in extradition case. Extradition Act 1989 7 1 Cites 1 Citers  |
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