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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: 1995 To: 1995

This page lists 36 cases, and was prepared on 06 August 2015.

 
Re Wasfi Suleman Mahmod [1995] Imm AR 311
1995
Admn
Laws J
Immigration
The applicant was an Iraqi who had been granted asylum in Germany. On entering England as a visitor he was found in possession of opium and sentenced to four years’ imprisonment with a recommendation for deportation. He was served with a deportation order during the term of his imprisonment and detained under paragraph 2(3) from the date when otherwise he would have been released. The Home Office made unsuccessful efforts to persuade the German authorities to take him back. Held: “Whilst, 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. In this case I regard it as entirely unacceptable that this man should have been detained for the length of time he has while nothing but fruitless negotiations have been carried on.” The court was “entirely satisfied” that whatever would have been “a reasonable period for this man’s continued detention . . . has certainly now been exceeded” and ordered his immediate release by habeas corpus.
1 Cites

1 Citers


 
Regina -v- Home Secretary, ex parte Chugtai [1995] Imm AR 559
1995

Collins J
Immigration
The court considered the natural and ordinary meaning of the phrase "ordinarily resident". Held: It was a question of fact for each case. Collins J noted the example given in argument of a person who had a contract for a definite period of time which might amount to a number of years, to work out of the United Kingdom, which, he concluded would not necessarily prevent that person from being ordinarily resident in the United Kingdom throughout that period and that they may might also, at the same time, be ordinarily resident wherever it was that they were working on the contract. In such circumstances, as in this case, this person, if they came back to the United Kingdom within the two year period because that was the only way in which they could preserve their right to remain in the United Kingdom, would be seeking admission on that occasion for the purposes of settlement. He noted also that it was perfectly possible for someone to be ordinarily resident in two countries at one and the same time.
Collins J said: "If there is a question of disbelieving anything an applicant has said, that ought to be spelt out. It is obviously desirable to indicate specifically why any witness is being disbelieved".
1 Cites

1 Citers


 
Regina -v- Immigration Appea Tribunal Ex Parte Yasin Ind Summary, 09 January 1995
9 Jan 1995
CA

Immigration
A tribunal hearing an appeal of one of two brothers need not consider the other's outcome.

 
Regina -v- Immigration Officer Ex Parte Khan and Others Independent, 20 January 1995
20 Jan 1995
QBD

Immigration
No power to detain illegal immigrant once political asylum claim is made.
Asylum and Immigration Appeals Act 1993 6

 
Regina -v- Secretary of State for Home Dept and Another Ex Parte Khan, Regina -v- Same Ex Parte Virk Etc Times, 25 January 1995
25 Jan 1995
QBD

Immigration
An immigrant cannot be detained once he applies for political asylum.
Immigration Act 1971

 
Regina -v- Home Secretary Ex Parte Okello Ind Summary, 06 February 1995
6 Feb 1995
CA

Immigration
The Home Secretary has no power within the rules to change a student's visa to allow him to work.

 
Regina -v- Secretary of State for the Home Department and Another, Ex Parte Khan, Regina -v- Same X P Virk Etc Times, 07 February 1995; Independent, 07 February 1995
7 Feb 1995
CA

Immigration
An illegal immigrant who was seeking political asylum may be detained if necessary.
Immigration Act 1971 Sch 2 para 9


 
 Regina -v- Immigration Appeal Tribunal Ex Parte Shahim Begum; QBD 15-Feb-1995 - Times, 15 February 1995
 
Regina -v- Secretary of State for the Home Department Ex Parte Kuet and Others Ind Summary, 20 February 1995
20 Feb 1995
CA

Immigration
Court not bound by untested assumptions about the law made by another court.

 
El-Assall -v- Secretary of State for the Home Department Gazette, 12 April 1995; Times, 01 March 1995
1 Mar 1995
CA

Immigration
The Court of Appeal has no jurisdiction to hear an appeal from the Immigration Appeal Tribunal after it has refused leave to appeal.
Immigration Appeals (Procedure) Rules 1984 (1984 No 2041) 14(1)

 
Regina -v- Secretary of State for Home Department Ex Parte Flynn Independent, 10 March 1995
10 Mar 1995
QBD

Immigration
The UK is free to maintain continued cross border passport checks under European law.
European Community Treaty 1992 7(a)

 
Regina -v- Secretary of State for the Home Department Ex Parte Flynn Times, 23 March 1995
23 Mar 1995
QBD

Immigration
European freedom of movement rights not enforceable by individual against state.

 
Minister of State for Immigration & Ethnic Affairs -v- Ah Hin Teoh (1995) 128 ALR 353; [1995] HCA 20; (1995) 69 ALJR 423; (1995) 183 CLR 273
7 Apr 1995

Deane, Toohey, Gaudron, McHugh JJ
Commonwealth, Human Rights, International, Immigration
Austlii (High Court of Australia) International Law - Treaties - Convention ratified by Australia but not implemented by statute - Status in domestic law - Whether giving rise to legitimate expectations.
Immigration - Application for permanent entry - Applicant - Married man with children in Australia - Policy requirement that applicants be of good character - Applicant convicted and imprisoned before application dealt with - Application refused because of conviction - Convention requiring governmental actions concerning children to give primary consideration to best interests of child - Convention ratified by Australia but not incorporated by statute in Australian domestic law -Whether capable of giving rise to legitimate expectation that application would be dealt with in accordance with Convention - Convention on Rights of Child, Art 3 - Migration Act 1958 (Cth), ss 6(2), 6A(1), 16(1)(c).
1 Citers

[ Austlii ]
 
Regina v Secretary of State for Home Department, Ex Parte Sarwar [1995] EWHC 7 (Admin); [1996] COD 87; (1995) 7 Admin LR 781
11 Apr 1995
Admn

Immigration

[ Bailii ]
 
Regina -v- Governor of Wolds Prison and Another, Ex Parte Samateh Times, 17 April 1995; Gazette, 03 May 1995
17 Apr 1995
CA

Immigration
A notice of intention to deport can be served while an asylum claim was outstanding. The notice does not include any request to leave the country.
Immigration Act 1971

 
Regina -v- Secretary of State for Home Department Ex Parte Vitale; Regina -v- Same Ex Parte Do Amaral Times, 18 April 1995; [1995] All ER (EC) 946
18 Apr 1995
QBD
Judge J
Immigration
A European Union citizen's right to stay in UK is not unqualified, he must expect to have to seek or find work. The decision of the Home Secretary could be judicially reviewed and "in the course of his appeal before the Social Security Appeal Tribunal Mr. Vitale will be able to argue against the finding that he was not lawfully resident in the United Kingdom."
ECTreaty 8a
1 Citers


 
Regina -v- Home Secretary, Ex parte Bellow May 25, 1995 unreported
25 May 1995


Immigration

1 Citers


 
Secretary of State for the Home Department -v- Savchenkov [1995] EWCA Civ 47; [1996] Imm AR 28
30 Jun 1995
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for the Home Department Ex Parte Jahromi Times, 06 July 1995
6 Jul 1995
CA

Immigration
The Home Secretary's bare assertion of a likelihood of terrorist involvement was insufficient.
Immigration Act 1971 3(5)(b)

 
Regina -v- Secretary of State for the Home Dept, Ex Parte Jahromi Ind Summary, 14 August 1995
14 Aug 1995
CA

Immigration
On a deportation for National Security reasons, the Home Secretary's word is final, without proof of bad faith.

 
Regina -v- Special Adjudicator, Ex Parte Srikantharajah [1996] Imm AR 326; [1995] EWHC 2 (QB)
9 Oct 1995
QBD
Laws J
Immigration

[ Bailii ]
 
Sandralingham -v- Secretary of State for the Home Department; Ravichandran -v- Secretary of State for the Home Department [1996] Imm AR 97; [1995] EWCA Civ 16
11 Oct 1995

Nourse LJ, Staughton LJ, Simon Brown LJ
Immigration
The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore subject to security round-ups of such people which occurred when the security forces were faced with Tamil terrorist activity in the city. When rounded up they were subjected to ill-treatment which amounted to persecution. The adjudicators and the Tribunal had rejected the proposition that young male Tamils as a class and for that reason alone all had a well-founded fear of persecution. The Tribunal had concluded that in Colombo ill-treatment of those rounded up had significantly declined and was not endorsed by the government. Held: To make good a claim to asylum as a refugee, it is necessary for the applicant to show, to the standard of reasonable likelihood or of real risk, that he had a well founded fear that if he had remained in or was returned to his country of origin, that he would be persecuted for one or more of the Convention reasons. The Convention definition raises a single composite question. In asylum cases, appellate courts were part of the decision process, and were not restricted in their abiliity to review a decision in the same ways as they might be in other cases. In asylum appeals, the position is to be considered by reference to the circumstances at the date of the hearing in question. The possibility of ill-treatment when rounded up does not amount to persecution.
Simon Brown LJ said: "In sum, persecution is most appropriately defined as the sustained or systematic failure of state protection in relation to one of the core entitlements which has been recognised by the international community. The types of harm to be protected against include the breach of any right within the first category, a discriminatory or non-emergency abrogation of a right within the second category, or a failure to implement a right within he third category which is either discriminatory or not grounded in the absolute lack of resources.
The “first category” there referred to those rights from which no derogation can ever be permitted, even in terms of compelling national emergency, rights such as freedom from the arbitrary deprivation of life, and protection against torture or cruel, inhuman or degrading punishment or treatment. Clearly it would include protection against ill-treatment of the sort suffered by some Sri Lankan detainees in the past."
European Convention on Human Rights
1 Citers

[ Bailii ]

 
 Regina -v- Westminster City Council Ex Parte Castelli; Regina -v- Same Ex Parte Tristan-Garcia; QBD 11-Oct-1995 - Gazette, 01 November 1995; Times, 20 October 1995; Independent, 11 October 1995
 
Regina -v- Secretary of State for the Home Department Ex Parte Virk, Same Ex Parte Taggar Etc Times, 13 October 1995
13 Oct 1995
QBD

Immigration
Immigrant released from detention may not be subject to employment restrictions.

 
Regina -v- Secretary of State for the Home Department Ex Parte Singh Independent, 17 October 1995
17 Oct 1995
QBD

Immigration
Whether renewed application is new basis or mere amplification is for adjudicator.

 
Regina -v- Immigration Appeal Tribunal and Another Ex Parte Sandralingam and Another; Etc Times, 30 October 1995
30 Oct 1995
CA

Immigration
An assessment of the risks of persecution to an asylum refugee if returned to his country of origin is to be in the round, and at time of assessment.


 
 Regina -v- Immigration Appeal Tribunal, Ex Parte Toprak; Admn 31-Oct-1995 - [1995] EWHC 9 (Admin)
 
Regina -v- Secreatary of State for the Home Department Ex Parte Moon Independent, 02 November 1995
2 Nov 1995
QBD

Immigration
An applicant for entry clearance was entitled to make representations before his exclusion.

 
M -v- Secretary of State for the Home Department Times, 07 November 1995
7 Nov 1995
CA

Immigration
Fraudulent claim by asylum seeker did not destroy entire claim if genuine cause.
Convention and Protocol relating to the Status of Refugees 1951

 
Regina v Home Secretary, Ex parte Khaldoon November 8, 1995 unreported
8 Nov 1995


Immigration

1 Citers


 
M -v- Secretary of State for the Home Department Gazette, 08 November 1995
8 Nov 1995
CA

Immigration
Applicant for asylum still entitled to claim despite finding that was dishonest.

 
M -v- Secretary of State for the Home Department Ind Summary, 20 November 1995
20 Nov 1995
CA

Immigration
Original fraudulent claim for asylum does not ipso facto defeat claim for asylum.

 
Regina -v- Secretary of State for the Home Department Ex Parte Gallagher (Rec 1995,p I-4253) (Judgment) Times, 13 December 1995; Case C-174/94; C-175/94; [1995] EUECJ C-175/94
30 Nov 1995
ECJ

Immigration, European
An expulsion of a community national from a member state must be with reasons given unless there was some need for urgency.
Europa 1. Freedom of movement for persons - Derogations - Decision concerning the control of foreign nationals - Decision ordering the expulsion of a Community national lawfully residing in the territory of a Member State - Examination and opinion procedure before the competent authority - Obligation to obtain the opinion of the competent authority before the administrative authority takes the decision to expel (Council Directive 64/221, Art. 9(1)) 2. Freedom of movement for persons - Derogations - Decision concerning the control of foreign nationals - Decision ordering expulsion - Examination and opinion procedure before the competent authority - Competent authority - Necessary condition - Duties performed in absolute independence - Appointment by the administrative authority which takes the decision to expel - Permissible (Council Directive 64/221, Art. 9(1))
1. Article 9(1) of Directive 64/221 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health must be interpreted as meaning that, save in cases of urgency, it prohibits the administrative authority from taking a decision ordering the expulsion of a Community national lawfully residing in the national territory, whether holding a residence permit or not required to hold one, before a competent authority has given its opinion.
2. Article 9(1) of Directive 64/221 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health does not preclude the competent authority required to give an opinion prior to a decision ordering expulsion from being appointed by the same administrative authority as takes the decision ordering expulsion, provided that the competent authority can perform its duties in absolute independence and is not subject to any control by the authority empowered to take the measures provided for in the directive, and that it follows a procedure enabling the person concerned, on the terms laid down by the directive, effectively to present his defence. It is for the national court to determine in each case whether those requirements have been met.
Council Directive 64/221/EEC art 9
[ Europa ] - [ Bailii ]
 
Regina -v- Secretary of State for the Home Department Ex Parte Moon Times, 08 December 1995
8 Dec 1995
QBD

Immigration
An entry clearance refusal made without giving an opportunity of comment was inherently unfair.

 
Singh -v- Secretary of State for the Home Department [1995] EWCA Civ 53
8 Dec 1995
CA

Immigration

[ Bailii ]
 
Re Paloka Ind Summary, 11 December 1995
11 Dec 1995
QBD

Immigration
Issue of limitation not for extradition committal hearing; writ of habeas corpus.

 
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