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Immigration - From: 1997 To: 1997

This page lists 168 cases, and was prepared on 06 August 2015.

 
Lavarevic -v- Secretary of State for the Home Department [1997] Imm AR 251
1997
CA
Hutchison LJ
Immigration

1 Citers



 
 Regina -v- Secretary of State for the Home Department ex parte Aissaoui; Admn 1997 - [1997] Imm AR 184
 
Applicant A & Another -v- Minister for Immigration and Ethnic Affairs & Another (1997) 2 BHRC 143; [1997] HCA 4
1997

Dawson, McHugh and Gunmow JJ; Brennan CJ and Kirby J (dissenting)
Commonwealth, Immigration, Human Rights
(High Court of Australia) A Chinese asylum seeker was not entitled to refugee status on the basis of well-founded fear of persecution by forcible sterilisation by reason of his membership of a "particular social group", namely all fathers of families who had already produced one child, if returned to China under that country's "One Child Policy" Held: "By including in its operative provisions the requirement that a refugee fear persecution, the convention limits humanitarian scope and does not afford universal protection to asylum seekers. No matter how devastating may be epidemic, natural disaster or famine, a person fleeing them is not a refugee within the terms of the convention. And by incorporating the five convention reasons the convention plainly contemplates that there will even be persons fleeing persecution who will not be able to gain asylum as refugees."
1 Citers


 
A -v- Minister for Immigration and Ethnic Affairs and Another (1997) 142 ALR 331
1997

Dawson, McHugh, Kirby and Gummow JJ
Commonwealth, Immigration
(Australia) A claim to refugee status was made by a husband and wife who had come from China to Australia. They said that they feared sterilization under the "one child policy" of China if they were returned. Held: There is a general principle that there can only be a "particular social group" within the Convention if the group exists independently of the persecution, ". . . If it were otherwise, Art. 1(A)(2) would be rendered illogical and nonsensical. It would mean that persons who had a well founded fear of persecution were members of a particular social group because they feared persecution. The only persecution that is relevant is persecution for reasons of membership of a group which means that the group must exist independently of, and not be defined by, the persecution . . ." and 'Nevertheless while persecutory conduct cannot define the social group, the actions of the persecutors may serve to identify or even cause the creation of a particular social group in a society.' (McHugh)
Geneva Convention and Protocol relating to the Status of Refugees 1951 (1951) (Cmd 9171) 1A(2) - Asylum and Immigration Appeals Act 1993 8(2)
1 Citers


 
Regina -v- Westminster City Council and others ex parte M, P, A and X [1997] 1 CCLR 85; (1997) 9 Admin LR 504
1997
CA
Woolf MR
Immigration, Benefits
Destitute asylum-seekers could derive benefit from section 21. Held: "The destitute condition to which asylum-seekers can be reduced as a result of the 1996 Act coupled with the period of time which, despite the Secretary of State's best efforts, elapses before their applications are disposed of means inevitably that they can fall within a class who local authorities can properly regard as being persons whose needs they have a responsibility to meet by the provision of accommodation under section 21(1)(a)." The National Assistance Act 1998 was "a prime example of an Act which is ´always speaking' and so should be construed ´on a construction, that continuously updates its wording to allow for changes since the Act was initially framed'"
National Assistance Act 1948 21
1 Citers


 
Regina -v- Westminster City Council ex parte M (1997) 1 CCLR 85
1997


Benefits, Housing, Immigration

1 Citers


 
Adan -v- Secretary of State for the Home Department [1997] 1 WLR 1107
1997
CA

Immigration

1 Citers


 
Regina -v- Secretary of State for Home Department ex parte Mary Sabea Afunyah (Nee Ababio) [1997] EWCA Civ 767
13 Jan 1997
CA

Immigration
Renewed application for leave to apply for judicial review.
1 Citers

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Y [1997] EWCA Civ 781
15 Jan 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Mohammed Akbar Ansari [1997] EWCA Civ 794
16 Jan 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Ranjanben Patel [1997] EWHC Admin 51
22 Jan 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Abodalla Issah Faraj Matran [1997] EWHC Admin 56
23 Jan 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Jeenaratram Piratheedan [1997] EWHC Admin 71
24 Jan 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Selvarajah Sivaloganathan [1997] EWCA Civ 846
24 Jan 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Persaud [1997] EWHC Admin 72
24 Jan 1997
Admn

Immigration
Application for leave to move for judicial review of the decision of the Secretary of State to make a deportation order.
[ Bailii ]
 
Kamalakkanan, Regina (On the Application of) -v- Immigration Appeal Tribunal and Another [1997] EWCA Civ 875
29 Jan 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Paluku Kimbesa [1997] EWHC Admin 80
29 Jan 1997
Admn

Immigration

[ Bailii ]
 
Mohammed Nadeem Butt -v- Immigration Appeal Tribunal [1997] EWCA Civ 873
29 Jan 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal and Secretary of State for Home Department ex parte Sittampalam Kamalakkanan [1997] EWCA Civ 875
29 Jan 1997
CA

Immigration
Renewed application for leave to bring judicial review on the basis that the adjudicator was alleged to have misapplied the Immigration Rules as to internal flight. The applicant was from Sri Lanka. The applicant's evidence and submissions that conditions in Colombo were unsafe for him were rejected by the special adjudicator, and there were plain findings of fact that there was no reasonable likelihood that the applicant would be persecuted in the Colombo area. Held: Given the findings of fact made, a reference to the particular rule would not have made a difference. Appeal rejected.
[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Qasim Ellahi [1997] EWHC Admin 92
30 Jan 1997
Admn
Hidden J
Immigration
Request for judicial review of decision not to revoke deportation order.
[ Bailii ]
 
Naeem; Qaisar and Qaisar -v- Secretary of State for Home Department [1997] EWCA Civ 892
30 Jan 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Affairs ex parte Julia Kadandara and Pamela Chinoda [1997] EWHC Admin 108
5 Feb 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Mohammed B B Alabi [1997] EWCA Civ 936
5 Feb 1997
CA

Immigration

[ Bailii ]
 
Mohammed Akram Salik -v- Secretary of State for Home Office [1997] EWCA Civ 969
7 Feb 1997
CA

Immigration
Appeal against refusal of judicial review of refusal to allow applicant's husband leave to stay on compassionate grounds.
[ Bailii ]
 
Regina-v- Immigration Appeal Tribunal ex parte Sivapathem Sivanentheran [1997] EWHC Admin 134
12 Feb 1997
Admn

Immigration

[ Bailii ]

 
 Regina -v- Hammersmith & Fulham London Borough Council Ex Parte M etc; CA 17-Feb-1997 - Times, 19 February 1997; [1997] EWCA Civ 3095; (1997) 9 Admin LR 504; (1997-98) 1 CCL Rep 85; (1998) 30 HLR 10

 
 Regina -v-Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar; CA 17-Feb-1997 - [1997] EWCA Civ 1032; (1997-98) 1 CCL Rep 85; (1998) 30 HLR 10; (1997) 9 Admin LR 504; (1997) 1 CCLR 85
 
Regina -v- Secretary of State for Home Department ex parte Gebreyesus [1997] EWHC Admin 158
18 Feb 1997
Admn

Judicial Review, Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Jelson Naval Dos Santos [1997] EWHC Admin 159
18 Feb 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Nkonde [1997] EWCA Civ 1059
20 Feb 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Mpembele [1997] EWCA Civ 1060
20 Feb 1997
CA
Lord Justice Saville, Lord Justice Brooke
Immigration
The Secretary of State sought leave to appeal reversal of his refusal to grant the applicant asylum. The applicant had fled Angola in several years before and claimed he would be in danger of political violence if returned. The secretary of state considered that the applicants political involvements were not such as to place him at risk and the situation as a whole had improved. Held: The Immigration Appeal Tribunal had failed to address properly the issues listed in Borissov, and leave would be granted.
1 Cites

[ Bailii ]

 
 Regina -v- Secretary of State for Home Department and Special Adjudicator ex parte HB; Admn 21-Feb-1997 - [1997] EWHC Admin 175
 
Regina -v- Secretary of State for the Home Department and Another; Ex Parte Canbolat Times, 24 February 1997
24 Feb 1997
QBD

Immigration
The Home Secretary was entitled to take his own view that the French would properly apply their own asylum procedures when considering the return of an asylum seeker to that country.
Asylum and Immigration Act 1996 2

 
Regina -v- Immigration Appeal Tribunal ex parte Khan [1997] EWHC Admin 182
25 Feb 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Dinis Bariyo [1997] EWCA Civ 1086
25 Feb 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Kapanza Milong Lumbala [1997] EWHC Admin 202
28 Feb 1997
Admn

Immigration
Application for leave to challenge the decisions of the Secretary of State to refuse to exercise his discretion to refer the applicant's case back to a Special Adjudicator and the decision of the Secretary of State to refuse to exercise his discretion to grant exceptional leave to remain.
[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex Parte Ramlingham Vickneswaran [1997] EWCA Civ 1137
28 Feb 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Kassim [1997] EWHC Admin 220
4 Mar 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Office ex parte Akala [1997] EWHC Admin 225
5 Mar 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Rld Chu Kwudi Okeke [1997] EWHC Admin 235
6 Mar 1997
Admn

Immigration

[ Bailii ]
 
Dan -v- Secretary of State for the Home Department; Not -v- Same; Lazarevic -v- Same Times, 07 March 1997
7 Mar 1997
CA

Immigration
Asylum seeker can become refugee applicant if fear still operative.
Convention and Protocol relating to the Status of Refugees 1951 1A(2)

 
Regina -v- Secretary of State for Home Department ex parte Abdel Aziz Karaoui and Regina -v- Secretary of State for Home Department ex parte Ahmed Abbad [1997] EWHC Admin 247
11 Mar 1997
Admn

Immigration, Benefits
The court considered the withdrawal of benefits for asylum seekers once their application had been determined. The court could see no significant difference between withdrawing benefits once the decision is made, even if the decision and/or the reasons have not yet been communicated to the applicant, and withdrawing them while the applicant pursues an appeal which in law he has a right to do. The purpose of the l996 Regulations was to deprive asylum seekers of benefits once a decision had been made by the Secretary of State. The only qualification was the requirement that the decision should be recorded. An asylum seeker was to be afforded benefits while the matter was being decided by the Secretary of State but not thereafter.
1 Citers

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Zakariya Abdulgani Luhar [1997] EWCA Civ 1238
13 Mar 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Suen [1997] EWHC Admin 279
17 Mar 1997
Admn

Immigration

[ Bailii ]

 
 Regina -v- Secretary of State for Home Department ex parte Danaei; Admn 20-Mar-1997 - Times, 28 March 1997; [1997] EWHC Admin 301
 
Adam Elhag Mohamad -v- Secretary of State for Home Department [1997] EWCA Civ 1283
20 Mar 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Salman Elhasoglu [1997] EWCA Civ 1312
21 Mar 1997
CA

Immigration

[ Bailii ]
 
Application for Leave for a Writ of Habeas Corpus In the Matter of Singh [1997] EWHC Admin 326
26 Mar 1997
Admn

Immigration

Immigration Act 1971
[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Rosa Ines Agudelo Velasquez [1997] EWCA Civ 1360
26 Mar 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Immigration Appellate Authorities (ex parte Azzedine Bellache) [1997] EWHC Admin 341
8 Apr 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of Home Department ex parte Hamid Habibi [1997] EWHC Admin 357
11 Apr 1997
Admn

Immigration

1 Citers

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte John Babatunde Odunukan; Regina -v- Secretary of State for Home Department Rosette Mesa Masaka [1997] EWHC Admin 356
11 Apr 1997
Admn

Immigration, Litigation Practice
Failure of applicant's representatives to appear.
[ Bailii ]
 
Regina -v- Immigration Appeals Tribunal ex parte Christina Lynn Beasley [1997] EWCA Civ 1383
11 Apr 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Immigration Appellate Authority ex parte Azzedine Bellache [1997] EWHC Admin 368
15 Apr 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Special Adjudicator ex parte Imran Arshad [1997] EWHC Admin 372
15 Apr 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Ah Tee Ang [1997] EWCA Civ 1434
17 Apr 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Khaira [1997] EWHC Admin 392
18 Apr 1997
Admn

Immigration
Short judgement.
[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Kaur [1997] EWHC Admin 384
18 Apr 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Joseph Jonah [1997] EWHC Admin 396
21 Apr 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Josephine Ugonwa Okeke [1997] EWCA Civ 1464
21 Apr 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Arunasalam Balasubramaniam [1997] EWCA Civ 1463
21 Apr 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Mohammed Zeghraba; Regina -v- Secretary of State for Home Department ex parte Sarabjit Singh Sahota [1997] EWCA Civ 1486
23 Apr 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeals Tribunal ex parte Bellache [1997] EWCA Civ 1518
24 Apr 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Savas [1997] EWHC Admin 410
24 Apr 1997
Admn

European, Immigration

1 Citers

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Abdul Hay Mullah [1997] EWHC Admin 412
25 Apr 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Hamid Habibi [1997] EWCA Civ 1552
29 Apr 1997
CA

Judicial Review, Immigration

1 Cites

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Pargat Singh; Shinderpal Kaur; Jugbir Singh (By Next Friend and Mother, Shinderpal Kaur) and Harbir Singh (By Next Friend and Mother, Shinderpal Kaur) [1997] EWCA Civ 1567
30 Apr 1997
CA

Immigration

[ Bailii ]
 
Mohammed Habibur Rahman -v- Secretary of State for Home Department [1997] EWCA Civ 1574
30 Apr 1997
CA

Immigration

[ Bailii ]
 
Sahota -v- Secretary of State for the Home Department; Zeghraba -v- Same Times, 30 April 1997
30 Apr 1997
CA

Immigration
Non EU resident marrying British citizen not entitled to rights of EU worker.

 
D -v- The United Kingdom Times, 12 May 1997; 146/1996/767/964; (1997) 24 EHRR 423; 30240/96; [1997] ECHR 25
2 May 1997
ECHR

Immigration, Human Rights
The applicant, an AIDS sufferer, resisted his removal to St Kitts where lack of medical treatment would hasten his death. Held: Deportation of convicted person suffering from Aids to country with less care facilities was inhuman or degrading treatment. "70. In its Vilvarajah and Others judgment and its Soering judgment the Court considered judicial review proceedings to be an effective remedy in relation to the complaints raised under Article 3 in the contexts of deportation and extradition. It was satisfied that English courts could effectively control the legality of executive discretion on substantive and procedural grounds and quash decisions as appropriate. It was also accepted that a court in the exercise of its powers of judicial review would have power to quash a decision to expel or deport an individual to a country where it was established that there was a serious risk of inhuman or degrading treatment, on the ground that in all the circumstances of the case the decision was one that no reasonable Secretary of State could take. 72. The applicant maintained that the effectiveness of the remedy invoked first before the High Court and subsequently before the Court of Appeal was undermined on account of their failure to conduct an independent scrutiny of the facts in order to determine whether they disclosed a real risk that he would be exposed to inhuman and degrading treatment. He relied on the reasoning in the Chahal v United Kingdom judgment. However the Court notes that in that case the domestic courts were precluded from reviewing the factual basis underlying the national security considerations invoked by the Home Secretary to justify the expulsion of Mr Chahal. No such considerations arise in the case at issue."
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 3; Not necessary to examine Art. 2; Not necessary to examine Art. 8; No violation of Art. 13; Costs and expenses partial award - Convention proceedings
European Convention on Human Rights Art 3
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Manjit Singh [1997] EWHC Admin 442
6 May 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for the Home Department, Ex Parte Obi Times, 06 May 1997
6 May 1997
QBD

Immigration
Genuine passport is to be taken as sufficient evidence of British citizenship and identity of holder.
Immigration Act 1971 3(8)

 
Regina -v- Secretary of Home Department ex parte Mohammed Aslam Minhas [1997] EWHC Admin 449
8 May 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Bensaid [1997] EWHC Admin 450
8 May 1997
Admn

Immigration, Human Rights

1 Citers

[ Bailii ]
 
Regina -v- Secretary of State for the Home Department and Another, Ex Parte Canbolat Times, 09 May 1997
9 May 1997
CA

Immigration
The Home Secretary must reasonably conclude that a third country posed no real risk to a deportee's safety; France is safe.
Asylum and Immigration Appeals Act 1993 2

 
Regina -v- London Borough of Newham ex parte Mikhail Gorenkin [1997] EWHC Admin 463
13 May 1997
Admn

Local Government, Benefits, Immigration

National Assistance Act 1948 21
[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Sivapathem Sivanentheran [1997] EWCA Civ 1741
21 May 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Rld Okeke [1997] EWCA Civ 1775
3 Jun 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department and Immigration Appeal Tribunal ex parte Zeba Khalid [1997] EWHC Admin 520
5 Jun 1997
Admn

Immigration

[ Bailii ]
 
Secretary of State for Home Department -v- Ravichandran [1997] EWCA Civ 1812
6 Jun 1997
CA

Immigration
Application for leave to appeal granted. Held: This was a case where the relationship of the Tribunal to the Special Adjudicator can and should be considered. "I have indicated some of the difficulties which may arise. There is no doubt that the Tribunal have power to make findings of fact and to reverse findings of fact of a Special Adjudicator, but the manner in which they may do so and the type of case in which they may do so is much in issue."
1 Cites

[ Bailii ]
 
Regina -v- Governor of Brixton Prison and Another; Ex Parte Bekar Times, 10 June 1997; Gazette, 18 June 1997
10 Jun 1997
QBD

Immigration
A foreign warrant is always validated under S 26 whether or not extradition sought under Schedule 1 Part III.
Extradition Act 1989 26

 
Kwadwo Ofori-Agyemang Henriatta Ofori-Agyemang -v- Secretary of State for Home Department [1997] EWCA Civ 1866
13 Jun 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Shakeela Sultana [1997] EWCA Civ 1865
13 Jun 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte George [1997] EWCA Civ 1908
19 Jun 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Kurunathapillai Arumugam [1997] EWCA Civ 1906
19 Jun 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department and Immigration Appeal Tribunal ex parte Deborah Magambo [1997] EWCA Civ 1938
23 Jun 1997
CA

Immigration

[ Bailii ]
 
Queen -v- Secretary of State for Home Department ex parte Dolapo Omolara Martins [1997] EWCA Civ 1939
23 Jun 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for the Home Department Ex Parte Shingara; Regina -v- Same, Ex Parte Radiom Times, 23 June 1997
23 Jun 1997
ECJ

Immigration, European
Requirement that individual refused entry have same rights as member state was satisfied by giving same remedies to all.
ECTreaty 177

 
Regina -v- Secretary of State for Home Department ex parte Cengiz Doldur [1997] EWHC Admin 600
26 Jun 1997
Admn
Owen J
Immigration
The applicant sought judicial review of the immigration officer's finding that he was an illegal immigrant within the section. He had failed to declare that after obtaining temporary permission to enter, he had got married. It was not suggested that he had acted with positive deceit but had failed to disclose the marriage. Held: The visa had been handed to the applicant's mother by a Home Officer officer: "a person who hands over a visa is lawfully acting in the execution of the Act and it is to that person that a change of circumstances should be related. If, as I find, the deception of the Immigration Service at that time was by not revealing the change in circumstances, it seems to me also that inevitably a person who does not indicate the change in circumstances causes to be made, to a person lawfully acting in the execution of the act, a representation which he knows to be false or does not believe to be true. " However at that stage it was not established that the applicant recognised that there had been a material change required to be disclosed, but that could not be said at the time he signed the required declarations. "there is an irresistible inference that he knew that he would not be allowed into the UK if he revealed his marriage." The application was dismissed.
Immigration Act 1971 33(1)
1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte OtuEyo [1997] EWCA Civ 1979
26 Jun 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department and an Immigration Officer Heathrow ex parte Pamela Chinoda and Julia Kadandara [1997] EWCA Civ 2031
4 Jul 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Nadarajah Tharumakulasingham [1997] EWHC Admin 655
9 Jul 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department Immigration Appeals Tribunal ex parte Robinson Times, 01 August 1997; [1997] EWCA Civ 2089; [1998] QB 929; [1997] Imm AR 568; [1997] 3 WLR 1162; [1997] 4 All ER 210; [1997] INLR 182
11 Jul 1997
CA
Lord Wool MR, Potter, Brooke LJJ
Immigration, Human Rights
Where an asylum seeker was seeking to escape from persecution in one area of his home country, the court must ask if an escape to a safe area in his country of origin is available and appropriate. A failure of the country to which an asylum seeker would be returned to provide for the basic norms of civil political and socio-economic human rights would not constitute persecution under the Convention.
1 Citers

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Fadia Koshaya Nader [1997] EWHC Admin 693
16 Jul 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Lord Chancellor's Department; Special Adjudicator and Immigration Appeals Authority, Birmingham ex parte Ul Anwar Haq [1997] EWHC Admin 698
17 Jul 1997
Admn

Immigration

[ Bailii ]
 
Kriba -v- Secretary of State for the Home Department Times, 18 July 1997
18 Jul 1997
OHCS

Immigration
Evidence supporting Asylum claim unchallenged on entry should not be rejected without opportunity to support it.

 
Regina -v- Immigration Appeal Tribunal ex parte Singh [1997] EWHC Admin 701
18 Jul 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Emmanuel Muyiva Sobanjo [1997] EWHC Admin 705
21 Jul 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- H M Immigration Officer ex parte Bensaid [1997] EWCA Civ 2151
21 Jul 1997
CA

Immigration, Human Rights
Application for leave to seek judicial review of the Chief Immigration Officer's decision of 24 March 1997 to refuse the applicant leave to enter the United Kingdom.
1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal Secretary of State for Home Department ex parte Syeda Khatoon Shah -v- Shahana Sadiq Islam Jahanzab Islam Orangzeb Islam -v- Secretary of State for Home Department Times, 13 October 1997; Gazette, 24 September 1997; [1997] Imm AR 145; [1997] EWCA Civ 2173; [1998] 1 WLR 74
23 Jul 1997
CA
Sedley J
Immigration
Even the justified fears of being stoned to death for adultery did not create a particular separate group from which protection from persecution could be claimed in support of an application for asylum. A 'social group' for refugee applicants, had to share common uniting characteristic which set that group apart from rest of that society. Unless the Convention is seen as a living thing, adopted by civilised countries for a humanitarian end which is constant in motive but mutable in form, the Convention will eventually become an anachronism.
Geneva Convention and Protocol relating to the Status of Refugees 1951 (1951) (Cmd 9171) 1A(2) - Asylum and Immigration Appeals Act 1993 8(2)
1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Mary Sabea Afunyah (Nee Ababio) [1997] EWHC Admin 719
28 Jul 1997
Admn

Immigration

1 Cites

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Omah Jammeh ex parte Fitim Bajraktari ex parte Khrishnan Rajaratnam ex parte Idris Ibrahim Patel [1997] EWHC Admin 739
30 Jul 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Masilamanu Balendran -v- Immigration Appeal Tribunal ex parte Sithamparanathan Katheeskumaran [1997] EWHC Admin 732
30 Jul 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department and an Immigration Officer ex parte Shagufta Shaheen Hussain [1997] EWHC Admin 753
31 Jul 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Secretary of State for Home Department [1997] EWHC Admin 746
31 Jul 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Thayaparan [1997] EWHC Admin 747
31 Jul 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Special Adjudicator (ex parte Secretary of State for the Home Department) [1997] EWHC Admin 759
31 Jul 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Mahmood [1997] EWHC Admin 773
13 Aug 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeals Tribunal Special Adjudicator ex parte Irfan Arslan [1997] EWHC Admin 781
21 Aug 1997
Admn

Immigration

[ Bailii ]
 
Antonio Paulo Richard Camara -v- Secretary of State for Home Department [1997] EWCA Civ 2312
26 Aug 1997
CA

Immigration, Human Rights, Family

[ Bailii ]
 
In the Matter of an Application for Judicial Review Yogeswary Thurairajah -v- Secretary of State for Home Department [1997] EWCA Civ 2338
11 Sep 1997
CA

Judicial Review, Immigration

[ Bailii ]
 
Regina -v- Secretary of State for the Home Department Ex Parte Jammeh; Regina -v- Same Ex Parte Bajraktari; Similar Times, 11 September 1997
11 Sep 1997
QBD

Immigration, Benefits
The policy of not allowing asylum seekers to have work permits could not continue alongside the withdrawal of benefits and is ultra vires the powers of the Secretary of State.

 
Regina -v- Immigration Appeal Tribunal ex parte Mohammed Atta Ullah [1997] EWCA Civ 2350
17 Sep 1997
CA

Immigration
Renewed application for leave to move for judicial review in an asylum case.
[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Emmanuel Kwabena Ofosuhene Enniful [1997] EWHC Admin 821
1 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department; a Special Adjudicator and Immigration Appeal Tribunal ex parte Joga Singh [1997] EWHC Admin 828
2 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Madoris Miah [1997] EWHC Admin 827
2 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Amrik Singh [1997] EWHC Admin 839
7 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Okafor [1997] EWHC Admin 855
9 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Aziz Cimen [1997] EWHC Admin 865
13 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Akli Semaane [1997] EWHC Admin 871
14 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Singh [1997] EWHC Admin 891
17 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Entry Clearance Officer ex parte Edebali [1997] EWHC Admin 904
21 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Chahal [1997] EWHC Admin 914
22 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina and Secretary of State for Home Department ex parte Mahmut Cakabay; Regina and Immigration Appellate Authority ex parte Secretary of State for Home Department [1997] EWHC Admin 913
22 Oct 1997
Admn

Immigration

[ Bailii ]
 
Sahara Mohammed Darbiye -v- Entry Clearance Officer, Nairobi [1997] EWCA Civ 2561
23 Oct 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeals Tribunal ex parte Baltazer Oyosa Mutuli and Georgina Victoria Oyiela [1997] EWHC Admin 919
23 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Mumrus Bathur Atham Bawa [1997] EWHC Admin 929
27 Oct 1997
Admn
Potts J
Immigration, Benefits
The court considered the effect of a decision letter issued by the Secretary of State but which was not sent to the applicant. Nevertheless it had the effect of stopping his benefits. Held: The letter was clear and unambiguous; it is in no way inadequate. It puts beyond doubt the determination of the Secretary of State that this applicant did not qualify for asylum and gives clear and cogent reasons for so concluding. .... [The letter] is a sufficient record of the determination that the applicant was not entitled to asylum and had ceased to be an asylum seeker. The Benefits Agency was entitled to act accordingly.
1 Citers

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Islam [1997] EWCA Civ 2586
28 Oct 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal and Secretary of State for Home Department ex parte Thananjeyan [1997] EWHC Admin 930
28 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Kutllovci [1997] EWHC Admin 951
30 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Chaudry [1997] EWHC Admin 950
30 Oct 1997
Admn

Immigration

Immigration Act 1971 3(5)(a)
[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Kalle [1997] EWHC Admin 958
31 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Arku [1997] EWHC Admin 957
31 Oct 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Messaoud Herida [1997] EWHC Admin 973
4 Nov 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Kadi [1997] EWHC Admin 972
4 Nov 1997
Admn

Immigration
Judicial review of decision to deport.
[ Bailii ]
 
Regina -v- Secretary of State for Immigration Department ex parte Akhtar [1997] EWHC Admin 974
4 Nov 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte David Nibb Makunguru [1997] EWHC Admin 971
4 Nov 1997
Admn

Immigration

[ Bailii ]
 
Hussain -v- Secretary of State for Home Department [1997] EWCA Civ 2658
6 Nov 1997
CA

Immigration

[ Bailii ]

 
 Regina -v- Secretary of State for Home Department ex parte Ouanes; CA 7-Nov-1997 - Times, 26 November 1997; Gazette, 03 December 1997; [1997] EWCA Civ 2677

 
 Regina -v- Secretary of State for Home Department ex parte Jafar Danaei; CA 12-Nov-1997 - Times, 03 January 1998; Gazette, 10 December 1997; [1997] EWCA Civ 2704; [1998] INLR 124); [1998] Imm AR 84

 
 Chief Adjudication Officer -v- Wolke; Remelien -v- Secretary of State for Social Security; HL 13-Nov-1997 - Gazette, 17 December 1997; Times, 01 December 1997; [1997] UKHL 50; [1998] 1 All ER 129; [1997] 1 WLR 1640; [1998] 1 FLR 444; [1998] 1 FCR 119; [1998] Fam Law 193
 
Regina -v- Immigration Appeal Tribunal ex parte Waheed Babatunde Adewale Sanni [1997] EWHC Admin 1008
13 Nov 1997
Admn

Immigration

[ Bailii ]
 
In the Matter of D [1997] EWHC Admin 1021
17 Nov 1997
Admn
Dyson J
Immigration, Benefits

National Assistance Act 1948 21
[ Bailii ]
 
Shantiben Ishverbhai Patel -v- Entry Clearance Officer, Bombay [1997] EWCA Civ 2753
18 Nov 1997
CA

Immigration

[ Bailii ]

 
 Regina -v- London Borough of Merton ex parte Inparaj and Nardarajah; London Borough of Merton ex parte Parupathpill; London Borough of Hackney ex parte Adebiri; CA 19-Nov-1997 - [1997] EWCA Civ 2769
 
Regina -v- Special Adjudicator, Ex Parte Secretary of State for Home Department Times, 25 November 1997; Gazette, 19 November 1997
19 Nov 1997
QBD

Immigration
Special adjudicator had no power himself to decide if further representations supporting asylum application constituted new application.
Asylum and Immigration Appeals Act 1993

 
Regina -v- Secretary of State for Home Department ex parte Mohammed Yousaf and ex parte Abid Jamil (Linked Appeals) [1997] EWCA Civ 2777
20 Nov 1997
CA

Immigration

[ Bailii ]
 
Mohammed Akram -v- Secretary of State for Home Department and an Adjudicator Immigration Appellate Authority [1997] EWCA Civ 2821
25 Nov 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Leon Koffi [1997] EWHC Admin 1044
25 Nov 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Firmin Gnali [1997] EWHC Admin 1069
1 Dec 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal and Secretary of State for Home Department ex parte Olakekan King [1997] EWHC Admin 1063
1 Dec 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Davoudi [1997] EWCA Civ 2892
3 Dec 1997
CA

Immigration

[ Bailii ]

 
 Regina -v- Special Adjudicator ex parte Gagarova; Admn 4-Dec-1997 - [1997] EWHC Admin 1094
 
Regina -v- Secretary of State (ex parte Kunlere) [1997] EWHC Admin 1101
5 Dec 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Fadi Kozhaya Nader [1997] EWCA Civ 2931
8 Dec 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Hassan [1997] EWHC Admin 1105
8 Dec 1997
Admn
Tucker J
Immigration
Renewed application for leave to apply for judicial review of determinations of special adjudicator and Immigration Appeal Tribunal.
[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte F S Salem [1997] EWHC Admin 1123
11 Dec 1997
Admn
Mr Justice Tucker
Benefits, Immigration
The applicant sought judicial review of a decision refusing him asylum. The decision had been made and his benefits stopped, but he was not given any detail of the notice for several months. Held: The decision did appear to have been made and final. The question at issue appeared to have been decided in the cases cited. Leave was refused.
1 Cites

1 Citers

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Pasha aka Latif [1997] EWHC Admin 1125
11 Dec 1997
Admn

Immigration
The defendant sought leave to bring judicial review of the decision by the defendant to order his deportation.
[ Bailii ]
 
Regina -v- Secretary of State for the Home Department ex parte Gangadeen and Another; Regina -v- Same ex parte Khan Times, 12 December 1997
12 Dec 1997
CA

Immigration
Home Secretary need not always follow own extra statutory concession if reasons given; parent deported though child had residence right.

 
Regina -v- London Borough of Newham ex parte Medical Foundation of Care of Victims of Torture and Others [1997] EWHC Admin 1128
12 Dec 1997
Admn

Local Government, Immigration, benefits

National Assistance Act 1948 21
[ Bailii ]
 
Regina -v- Immigration Appeal Tribunal ex parte Balendran [1997] EWHC Admin 1126
12 Dec 1997
Admn

Immigration

[ Bailii ]
 
In the Matter of an Application for Leave To Move for Judicial Review, Regina -v- Secretary of State for Home Department ex parte Messaoud Herida [1997] EWCA Civ 2987
15 Dec 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Special Adjudicator and Immigration Appeals Tribunal ex parte Yardim [1997] EWHC Admin 1155
17 Dec 1997
Admn
Justice Tucker
Immigration
The applicant appealed a refusal of leave to appeal against a determination rejecting in turn his appeal against a decision rejecting his application for asylum. He had left Turkey after refusing National Service. Such a refusal on its own was not a reason for asylum, but he asserted there were additional reasons for his fears of persecution. The tribunal had found that his refusal was for fear of his own safety. Held: There was evidence to support the tribunal's decision and it's findings of fact could not be described as perverse.
1 Cites

[ Bailii ]
 
Regina -v- A Special Adjudicator and Secretary of State for Home Department ex parte B [1997] EWHC Admin 1148; [1998] Imm AR 182; [1998] INLR 315
17 Dec 1997
Admn
Jay J
Immigration
Kay J referred to the Secretary of State's policy documents on the detention and removal of failed asylum seekers and emphasised the need for a careful reappraisal by the Secretary of State in the light of changing circumstances.
1 Citers

[ Bailii ]
 
Regina -v- Immigration Officer ex parte Emmanuel Kwabena Ofosuhene Enninful [1997] EWCA Civ 3044
18 Dec 1997
CA

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Arumugam Sivanathan [1997] EWHC Admin 1162
18 Dec 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Mahamadou Naman Traore [1997] EWHC Admin 1164
18 Dec 1997
Admn

Immigration

[ Bailii ]
 
Regina -v- Secretary of State for Home Department ex parte Fathi Saleh Salem [1997] EWCA Civ 3072
19 Dec 1997
CA
Lord Justice Hirst, Lord Justice Robert Walker, Mr Justice Harman
Benefits, Immigration
This was an appeal against refusal of leave to apply for a judicial review. The issue raised was parallel to issues raised in the Rafiq case which had been heard but on which judgment was presently reserved. The case revealed a real issue of law, and leave was granted.
1 Cites

1 Citers

[ Bailii ]
 
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