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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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Immigration - From: 1993 To: 1993This page lists 17 cases, and was prepared on 06 August 2015. ÂDursun -v- Secretary of State for the Home Department [1993] Imm AR 169 1993 Immigration The Home Secretary is able to collect information about the policies of other countries from many sources. 1 Citers  Laftaly -v- Secretary of State for the Home Department [1993] Imm AR 284 1993 Immigration 1 Citers  Malik -v- Secretary of State for the Home Department TH/40604/93 1993 Immigration 1 Citers  Khaboka -v- Secretary of State for the Home Department [1993] Imm AR 483 1993 CA Immigration A refugee does not become a refugee because of recognition as such. He is recognised because he is a refugee so, for the purposes of Article 31.1 the term refugee includes someone who is only subsequently established as being a refugee, in other words a bona fide claimant. Convention Relating to the Status of Refugees 1951 (1951) (Cmd 917) 31 1 Citers  Regina -v- Secretary of State for the Home Department ex parte Marchon Times, 23 February 1993; [1993] Imm AR 384 23 Feb 1993 CA Crime, Immigration, European It was permissible for the Home Secretary to order the deportation of a convicted drug trafficker for the public good, even though he was an EC national, and though there was nothing to suggest any propensity to commit any further offences. It was not necessary to show that the offence was so notorious as to require special treatment. The offence here was sufficiently serious to justify such an action. 1 Citers   Singh (Pargan) -v- Secretary of State for the Home Department; HL 10-Mar-1993 - Gazette, 10 March 1993; 1993 SC (HL) 1; [1992] 1 WLR 1052   Regina -v- Secretary of State for the Home Department: ex parte Chahal; QBD 5-Apr-1993 - Ind Summary, 05 April 1993  Regina -v- Secretary of State for Environment ex parte Tower Hamlets London Borough Council Independent, 21 April 1993 21 Apr 1993 CA Immigration, Housing Local Authority may come to its own conclusion as to immigrant status for housing. Immigration Act 1971 26(1)(c)  Regina -v- Secretary of State Home Department, ex parte Mehmet Colak Times, 06 July 1993 6 Jul 1993 CA Human Rights, Immigration, European The Home Office was entitled to return refugees to the country in which they had first stopped if it was a Community State. 1 Cites 1 Citers  Regina -v- Naillie and Another Independent, 01 June 1993; Gazette, 14 July 1993; Times, 27 May 1993 14 Jul 1993 HL Immigration An entry into the UK at an airport, for immigration law purposes, was not on disembarkation, nor on going toward immigration control, but only took place when the immigration officer was approached. Immigration Act 1971   Regina -v- Immigration Appeal Tribunal Ex Parte Secretary of State for the Home Department; CA 15-Jul-1993 - Times, 15 July 1993  Regina -v- Secretary of State for Home Department ex parte Ghebretatios Times, 19 July 1993 19 Jul 1993 CA Immigration Applications for asylum are not inconsistent with new rules on movement in Europe. ECA Act 1986  Regina -v- Secretary of State for Home Department ex parte Naheed Ejaz Times, 23 July 1993; [1994] QB 496 23 Jul 1993 QBD Stuart-Smith LJ Immigration Using somebody else's British passport, the applicant's husband had masqueraded as a British citizen. The applicant had applied under section 6(2) of the 1981 Act for naturalisation as a British citizen on the ground that she was married to a British citizen and she had duly obtained a certificate of naturalisation. Held: Although her husband was not a British citizen, the applicant's citizenship existed until she was deprived of it under section 40 of the 1981 Act. Section 40 appied only to the person who was decsribed in the certificate of naturalisation. If he was not that the person then the certificate could grant him nothing. British Nationality Act 1981 6(2) 1 Citers   Regina -v- Secretary of State for the Home Department ex parte Chahal; CA 27-Oct-1993 - Gazette, 17 December 1993; Independent, 10 November 1993; Times, 27 October 1993; [1995] 1 All ER 658  Regina -v- Ofori, Regina -v- Tackie Times, 17 November 1993; Gazette, 08 December 1993; (1994) 99 Cr App R 223 17 Nov 1993 CA Criminal Practice, Immigration Court has power to grant bail or to release a person, pending their appeal despite the existence of a deportation order. 1 Citers  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- Immigration Appeal Tribunal, Ex Parte Yasim (Mohamed) Times, 08 December 1993; Gazette, 23 February 1994 8 Dec 1993 QBD Immigration Tribunal must consider the outcome of a similar case before another tribunal.  |
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