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These 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.  














Immigration - From: 1994 To: 1994

This page lists 25 cases, and was prepared on 06 August 2015.

 
Raymond Vander Elst -v- Office des Migrations Internationales [1995] 1 CMLR 513; C – 43/93; [1994] ECR 1-3803
1994
ECJ

European, Immigration
A Belgian service provider brought its Moroccan workers to France in order to carry out a demolition contract. The workers had been "lawfully and habitually employed" in Belgium and they intended to return to Belgium after completion of the project. The French employment inspectors considered that Mr Vander Elst had infringed certain articles of the French Labour Code by employing in France, nationals of non-member countries who had no corresponding work permits, without informing the French authorities. The ECJ answered the questions referred to it by stating that the Treaty "precluded a member state from requiring undertakings which are established in another member state and enter the first member state in order to provide services, and which lawfully and habitually employ nationals of non-member countries, to obtain work permits for those workers from a national immigration authority and to pay the costs, with the imposition of an administrative fine as the penalty for infringement."
1 Cites

1 Citers


 
Regina -v- Home Secretary, Ex parte Thavathevathasan [1994] Imm AR 249
1994
CA
Glidewell LJ
Immigration
The court discussed the task of a Special Adjudicator: "Clearly the Special Adjudicator is not bound by the Home Secretary's certificate. In other words, he does not merely wield a rubber stamp. He must consider whether, on the material before the Home Secretary, and on any other material before him (if it is proper for him to admit any) the conclusion which the Home Secretary reached is justified. The adjudicator, in other words, is bound to consider the issue which he has to determine on its merits."
1 Citers


 
Regina -v- Secretary of State for the Home Department, Ex parte Mehari [1994] QB 474
1994
QBD
Laws J
Immigration
A Special Adjudicator is not limited to checking whether the Secretary of State has some material on which he might give such a certificate. He must make an independent judgment and consider de novo whether he is satisfied that the country was a safe country: "the discipline which this system imposes upon the Secretary of State consists in the fact that the Adjudicator must independently judge the merits of the certificate."
1 Citers


 
Assah [1994] Imm AR 519
1994


Immigration
The adjudicator had accepted at least a substantial part of the appellant's evidence, whereas the IAT, without the benefit of hearing it, had concluded that none of the accounts which he had put forward in relation to past material events was true. Held: The Tribunal should reverse the findings of fact of a Special Adjudicator only if they are unsustainable or perverse, but "In appropriate circumstances and where a finding was unsustainable the Tribunal was entitled to reverse an adjudicator's finding on primary facts." That did not apply in this case.
1 Citers


 
In re Wasfi Suleman Mahmod [1994] EWHC 3 (Admin); [1995] Imm AR 311
17 Jan 1994
Admn
Laws J
Immigration
Laws J considered the Hardial Singh principles, adding: "While, of course, Parliament is entitled to confer powers of administrative detention without trial, the courts will see to it that where such a power is conferred the statute that confers it will be strictly and narrowly construed and its operation and effect will be supervised by the court according to high standards."
1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Secretary of State for the Home Dept Ex Mehmet Colak Gazette, 19 January 1994
19 Jan 1994
CA

Immigration
Return to intermediate country by refugee not challengeable under art 8a.
1 Cites

1 Citers


 
Regina -v- Secretary of State for The Home Department, Ex Parte To-Ming Lam [1994] EWHC 2 (Admin)
24 Jan 1994
Admn
Dyson J
Immigration
Application for judicial review of the decision of an immigration officer declaring him to be an illegal entrant as defined by section 33(1) of the 1971 Act; that is a person who unlawfully entered in breach of the immigration laws.
Immigration Act 1971 3391)
[ Bailii ]
 
Regina -v- Secretary of State for the Home Department ex parte Sakala Times, 26 January 1994
26 Jan 1994
CA

Immigration
A Parliamentary statement did not create a legitimate expectation of interpretation.

 
Regina -v- Secretary of State for the Home Department ex parte Abdi, Same -v- Same, ex parte Gawe Times, 10 March 1994
24 Feb 1994
QBD
Sedley J
Immigration
The Secretary of State must state all the facts on which his opinion had based when ordering the deportation of an Asylum-seeker as to the safety of the destination country. "In a situation in which it is to be expected that most or all of the information about the asylum practices of third countries is in the hands of the Secretary of State, it would make a mockery of the special adjudicator's independent duty of rigorous scrutiny if the Secretary of State, having balanced the pros and cons and come to his own conclusion about the safety of a Third Country, could rely upon the face of the certificate which he accordingly grants as sufficient to sustain the certificate on appeal, so long as the asylum-seeker is unable to produce enough of his or her own evidence to controvert it. " and "Correspondingly, given the Secretary of State's monitoring role and his opportunities to gather information through other organs of government, in particular the Foreign and Commonwealth Office, it is incumbent, in my view, on the Home Office representative before a special adjudicator to disclose not only what facts are relied on in support of the certificate (and they may in many cases be simply that nothing at all is known to the detriment of the Third Country), but to disclose any factual material pointing in the opposite direction. The fact that the Secretary of State will himself have considered such material and rejected it in issuing his certificate cannot be relevant: if it were, the special adjudicator would become the handmaiden of the Secretary of State, incapable of exercising independent judgment except where an applicant was independently able to cast doubt upon the basis of the certificate. " The court referred to the case of two refugees who had come to the United Kingdom from Colombia via Spain, and who were returned to Spain as a safe third country. According to a report of Amnesty International the two refugees were returned from Spain to Colombia without any substantive consideration of their claim for asylum. Sedley J. commented: "The asylum-seekers evidently did not know of the two cases: the Home Office, which I infer did know, did not consider itself under any obligation to draw them to the attention of the adjudicator; and if the adjudicator knew of them, he took them in each case to be off limits because they had not been canvassed in evidence. If this was the situation, I cannot believe that any reasonable observer would think that it had much to do with the standards of scrutiny and fairness which Lord Bridge was describing in Re Musisi, or indeed represented anything but legalistic technicalities. " Beither applicant had had a fair hearing, and that the decisions of the two adjudicators fell to be quashed for breach of natural justice. "In each case the asylum-seeker was entitled to disclosure by the Secretary of State and the adjudicator was entitled to his assistance. The Secretary of State was in a position to afford these, but they were not afforded. " The certificates of the Secretary of State should also be quashed, on the ground that his decision was logically untenable, and therefore irrational in law.
Asylum and Immigration Appeals Act 1993
1 Cites

1 Citers


 
Regina -v- Secretary of State Home Department, ex parte Fahmi Times, 02 March 1994
2 Mar 1994
QBD

Immigration
Asylum-seeker dependants right to claim not lost after asylum seeker's claim had been dismissed.
Asylum and Immigration Appeals Act 1993

 
Regina -v- Special Adjudicator ex parte Kandasamy Times, 11 March 1994
11 Mar 1994
QBD

Immigration
There is no principle against inconsistency in public law save for irrationality.


 
 Chiver (Asylum; Discrimination; Employment; Persecution) (Romania); IAT 24-Mar-1994 - [1997] INLR 212; [1994] UKIAT 10758

 
 Teame -v- Aberash and Others; Regina -v- Secretary of State for Home Dept ex parte Teame; CA 8-Apr-1994 - Ind Summary, 02 May 1994; Times, 08 April 1994
 
Regina -v- Secretary of State for the Home Department ex parte Abdi and Another Independent, 21 April 1994; Times, 25 April 1994
21 Apr 1994
CA
Steyn LJ
Immigration
The Home Secretary has no duty to show the factual evidence he had relied upon as to the safety of a deportee's destination country.
The Home Secretary need not state all information on which his certificate was based. The court recognised the need for speed decisions.
Geneva Convention 1951
1 Cites

1 Citers



 
 In Re K (A Minor) (Adoption Order: Nationality); CA 22-Apr-1994 - Times, 26 April 1994; Independent, 27 May 1994
 
Regina -v- The Secretary of State for The Home Department Ex Parte Quijano [1994] EWHC 6 (Admin)
12 May 1994
Admn
Sedley J
Immigration
The applicant sought special leave to remain in the United Kingdom, notwithstanding the refusal of his application for political asylum. A special adjudicator found that he had a well founded fear of persecution but not for a Convention reason. The Immigration Appeals Tribunal upheld this decision but, on the basis of their findings of fact, recommended to the Secretary of State that he should give the applicant special leave to remain in the United Kingdom.
[ Bailii ]
 
Regina -v- Secretary of State for The Home Department, Ex Parte Ajayi and Another [1994] EWHC 5 (Admin)
12 May 1994
Admn
Laws J
Immigration
Application for judicial review
[ Bailii ]

 
 Kaja (Political Asylum; Standard of Proof) (Zaire); IAT 10-Jun-1994 - [1995] Imm AR 1; [1994] UKIAT 11038
 
Regina -v- Secretary of State for the Home Department, ex Parte Ofori [1994] EWCA Civ 38; [1995] Imm AR 34
26 Jul 1994
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Dept Ex Parte Nazmul Miah Ind Summary, 19 September 1994
19 Sep 1994
CA

Immigration
The date of an entry clearance certificate is the date of the final approval, and not the date of the application.

 
Regina -v- Secretary of State for Home Dept Ex Parte Kazmi Independent, 30 September 1994
30 Sep 1994
QBD

Immigration
A fresh refusal was to be given after an asylum application had been rejected to allow an appeal.
Immigration Act 1971

 
Regina -v- Special Adjudicator and Another, Ex Parte Gnanavaratham Ind Summary, 03 October 1994
3 Oct 1994
CA

Immigration
Directions were given on the use of knowledge of third countries for asylum rejection.


 
 Regina -v- Immigration Appeal Tribunal Ex Parte Yasim (Mohammed); CA 26-Oct-1994 - Times, 26 October 1994; Gazette, 07 December 1994
 
T -v- Secretary of State for the Home Department Independent, 04 November 1994; Times, 09 November 1994
9 Nov 1994
CA
Lord Lloyd of Berwick
Immigration, Human Rights
Random violence without a causal connection with any political purpose was not a political crime.
Geneva Convention 1951 33(1)
1 Cites

1 Citers


 
Regina -v- Secretary of State for the Home Department Ex Parte Okello Gazette, 22 February 1995; Times, 21 December 1994
21 Dec 1994
CA

Immigration
The Secretary of State has no power under the rules to change a student entry visa to a work permit.

 
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