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		Immigration - From: 2002 To: 2002 This page lists 291 cases, and was prepared on 06 August 2015. Â Regina (on the application of Ouji) -v- Secretary of State for the Home Department [2002] EWHC 1839 (Admin 2002 Collins J Benefits, Housing, Immigration The court was concerned to interpret s122(4) of the 1999 Act relating to "essential living needs". Basic support and basic essential needs by reference to non-disabled asylum seekers would be provided by the Secretary of State under the 1999 Act, but that any additional support needed as a result of disabilities would be provided by local authorities under s21 of the 1948 Act. National Assistance Act 1948 - Immigration and Asylum Act 1999 1 Citers Â Salad [2002] UKIAT 06698 2002 IAT Immigration 1 Cites 1 Citers Â Regina -v- Immigration Appeal Tribunal ex parte Haile [2002] INLR 283 2002 CA Simon Brown LJ Immigration, Evidence The adjudicator in the asylum application had made a crucial mistake about the identity of the political party in Ethiopia, with which the claimant was connected. The error was not drawn to the attention of the IAT. The evidence necessary to prove the mistake was first produced in the Court of Appeal. The error could and should have been spotted by the claimant's advisers before the IAT decision, or at least before the judicial review hearing. Held: It should nonetheless be admitted. Under Ladd v Marshall it would have fallen "at the first hurdle"; but "these principles never did apply strictly in public law and judicial review." The principle in Al-Mehdawi did not necessarily govern asylum cases. 1 Cites 1 Citers Â Razgar, Regina (on the Application of) -v- Secretary of State for the Home Department [2002] EWHC 2554 (Admin) 2002 Admn Richards J Immigration The claimant challenged the respondent's certificate that his appeal was manifestly unfounded. Held: The certificate was wrongly given. Immigration and Asylum Act 1999 72(2)(a) 1 Cites 1 Citers Â Â Z -v- Secretary of State for the Home Department; CA 2002 - [2002] Imm AR 560 Â Ma (Risk, Ifa, Chechen Moscow) Russia [2001] UKIAT 00006 3 Jan 2002 IAT Immigration [ Bailii ] Â OT (Somalia) [2002] UKIAT 01TH01347 15 Jan 2002 IAT Immigration IAT "The appellant is a citizen of Somalia who has been given leave to appeal the determination of an adjudicator (Miss A L Sawetz) dismissing his appeal against the respondent's decision to give directions for his removal from the United Kingdom and to refuse him asylum. " [ Bailii ] Â Sc -v- Secretary of State for the Home Department [2002] UKIAT 00054 23 Jan 2002 IAT Immigration [ Bailii ] Â Mohammad, Manoharan, Sakhee, Yogarajah -v- The Secretary of State for the Home Department 24 Jan 2002 QBD The Honourable Mr Justice Turner Immigration The applicants were asylum seekers. They were made subject to certificates issued by the Secretary of State which would require refoulement, for them to be returned to the country into which they first made their escape for their application for asylum to ?e considered. They complained particularly that Germany was not a safe country to be returned to. The certificate was issued but could not be acted upon until the asylum application had been considered. What limitations might there be on the Secretary when he considered issuing a certificate. Held: The claimants had failed to establish any risk that if returned to Germany they might face being treated otherwise than in accordance with Article 3. An asylum seeker had a defeasible right of appeal if the Secretary's discretion was exercised unlawfully. Appeals failed. Immigration and Asylum Act 1999 Parts I and IV 11 65 71 72 1 Cites Â Regina -v- Secretary of State for the Home Department, ex parte Zeqiri Times, 15 February 2002; [2002] UKHL 3; [2002] Imm AR 296; [2002] ACD 60; [2002] INLR 291 24 Jan 2002 HL Lord Slynn of Hadley Lord Mackay of Clashfern Lord Hoffmann Lord Millett Lord Rodger of Earlsferry Immigration, Judicial Review, Administrative The applicant sought to resist an order for his return to Germany, the first country of call after escaping Kosovo. He asserted that Germany was not complying with its international obligations. He said the Gashi case had created a legitimate expectation that he would not be so returned, and that therefore his application for asylum should be considered. Held: The review was refused. In the normal way a decision maker reconsidering a decision will do so in the light of material circumstances then prevailing. The decision in Gashi was not clear cut. The denial of a legitimate expectation is a form of abuse of power. It is broader than what would be an estoppel at private law, and required that a public authority acting contrary to the representation would be acting "with conspicuous unfairness". There were no reasonable grounds for believing the Secretary had made any representation that he felt that Gashi had the effect claimed. 1990 Dublin Convention - Asylum and Immigration Act 1996 2(2) - Asylum and Immigration Appeals Act 1993 6 1 Citers [ House of Lords ] - [ Bailii ] Â Mohammed and others -v- Secretary of State for the Home Department 2002] EWHC 57 (Admin) 24 Jan 2002 Admn Immigration [ Bailii ] Â Kumarakuraparan -v- Secretary of State for the Home Department [2002] EWHC 112 (Admin) 24 Jan 2002 Admn Immigration [ Bailii ] Â Starred Me -v- Secretary of State for the Home Department (Kuwait) [2002] UKIAT 00159 29 Jan 2002 IAT Immigration [ Bailii ] Â Svazas -v- The Secretary of State for the Home Department Times, 26 February 2002; Gazette, 15 March 2002; [2002] EWCA Civ 74; [2002] 1 WLR 1891 31 Jan 2002 CA Lord Justice Simon Brown, Lord Justice Sedley, And, Sir Murray Stuart-Smith Immigration The two applicants appealed refusal of their applications for asylum. They had been former members of the communist party in Lithuania. Both had experienced persecution. The IAT had found that the constitution guaranteed them protection. Though they might be subject to ill treatment from individual officers their treatment would be no more harsh than any other prisoner. The allegation was of abuse by a state agent in the form of systematic and tolerated misbehaviour by officers, and that an effective failure to control such behaviour can amount to persecution. One applicant, having been detained for weeks without judicial protection, had had his human rights infringed. Held: The proper question was whether as a member of the Communist Party in custody, he faced particular treatment which amounted to persecution for a Convention reason, and was treatment by state agents which the state could not control. The IAT had asked the wrong question, and the cases would be remitted for rehearing. 1 Cites 1 Citers [ Bailii ] Â Regina (Boafo) -v- Secretary of State for the Home Department Gazette, 21 March 2002; [2002] EWCA Civ 44 4 Feb 2002 CA Auld LJ Immigration The applicant had married an English national. The marriage ended in divorce. She applied for indefinite leave to stay. Incorrect information from a Government department led to her application being dismissed. The adjudicator granted her application, but the Secretary of State, without appealing the adjudicator's order, reconsidered and refused the application. Held: The finding of the adjudicator was binding upon the Secretary unless he appealed it. Immigration Act 1971 20 [ Bailii ] Â Starred A -v- Secretary of State for the Home Department (Somalia) [2002] UKIAT 00266 5 Feb 2002 IAT Immigration [ Bailii ] Â Conka -v- Belgium 51564/99; [2002] ECHR 14; [2011] ECHR 2135 5 Feb 2002 ECHR Human Rights, Immigration Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 5-1; No violation of Art. 5-2; Violation of Art. 5-4; Violation of P4-4; No violation of Art. 13+3; Violation of Art. 13 + P4-4; Non-pecuniary damage - financial award; Costs and expenses partial award - Convention proceedings The applicants were arrested so that they could be deported. They challenged their arrest. 1 Cites 1 Citers [ Bailii ] - [ Bailii ] - [ Bailii ] Â Â Vargas, Regina (on the Application of) -v- Immigration Appeal Tribunal; CA 7-Feb-2002 - [2002] EWCA Civ 136 Â Â AH -v- Secretary of State for the Home Department; IAT 7-Feb-2002 - [2002] UKIAT 00062 Â Hari Dhima -v- Immigration Appeal Tribunal [2002] EWHC 80 (Admin); [2002] Imm AR 394 8 Feb 2002 QBD Lord Justice Auld, And, Mr Justice Ouseley Immigration, Human Rights The appellate sought judicial review to challenge an order for his return to Albania. He said that he would be subject to persecution from communist sympathizers, and his life was at risk for a blood feud. Adjudicators had variously accepted and rejected both claims, but concluded that he could avail himself of internal flight. He challenged the applicability of the test in Horvath in human rights cases, which did not include a qualification to the right for protection where state aid may be available. Held: The conventions should be read purposively. The difference is apparent only. The human rights test is affected by the availability of state protection, because that reduces the risk of harm. The burden was on the applicant to show that internal flight was not available. That test had been properly applied by the adjudicator. Review refused. Immigration and Asylum Act 1999 65(1) - European Convention on Human Rights 3 1 Cites [ Bailii ] Â Secretary of State for the Home Department -v- Balasingham Maheshwaran [2002] EWCA Civ 173 14 Feb 2002 CA Lord Justice Schiemann, Lord Justice Chadwick, And, Sir Murray Stuart-Smith Immigration The applicant, and asylum seeker, had given his evidence. Though no challenge had been made, and no sufficient reasons given, it was not accepted by the adjudicator. Held: The burden lay on the asylum seeker to establish his case. A failure to put to a party to litigation a point which is decided against him can be grossly unfair and lead to injustice, but the requirements of fairness are very much conditioned by the facts of each case. There were discrepancies in the applicant's account, but it did not follow that his account was not to be believed. Nevertheless, the decision was one within the range of possible decisions on the evidence. No error of law had been shown, and the adjudicator's evidence was re-instated. 1 Cites [ Bailii ] Â Cindo, Regina (on the Application of) -v- Immigration Appeal Tribunal [2002] EWHC 246 (Admin) 14 Feb 2002 Admn Maurice Kay J Immigration [ Bailii ] Â Regina (on the Application of Harris) -v- Secretary of State for the Home Department Gazette, 21 March 2002; [2002] EWCA Civ 100 14 Feb 2002 CA May LJ, Sir Anthony Evans, Sir Denis Henry Civil Procedure Rules, Immigration The respondent had acquired the right to live in the UK. After visiting Jamaica, he was refused entry. He appealed and was admitted. The Secretary of State sought an extension of time to file a request for leave to appeal with the Court of Appeal. Held: The time for such an appeal was 14 days. Justice required a party to know that a judgment could be relied upon after a certain time. No good reason had been given for the delay, and leave was refused. Civil Procedure Rules 45.2 [ Bailii ] Â Tanveer Ahmed -v- Secretary of State for the Home Department (Pakistan) [2002] Imm AR 318; [2002] INLR 345; [2002] UKIAT 00439 19 Feb 2002 IAT Collins J P, Ockleton DP, Moulden VP Immigration The following principles are applicable when considering documents submitted in resisting directions for removal: "1. In asylum and human rights cases it is for an individual claimant to show that a document on which he seeks to rely can be relied on. 2. The decision maker should consider whether a document is one on which reliance should properly be placed after looking at all the evidence in the round. 3. Only very rarely will there be the need to make an allegation of forgery, or evidence strong enough to support it. The allegation should not be made without such evidence. Failure to establish the allegation on the balance of probabilities to the higher civil standard does not show that a document is reliable. The decision maker still needs to apply principles 1 and 2.” 1 Citers [ Bailii ] Â Ls (Bajuni, Kibajuni Speaker) Somalia Cg [2002] UKIAT 00416 19 Feb 2002 IAT Immigration [ Bailii ] Â Bushi Vs the Secretary of State for the Home Department Kosovo [2002] UKIAT 00449 20 Feb 2002 IAT Immigration [ Bailii ] Â Os (Sufficiency of Protection, Sikh Separatists) India Cg [2002] UKIAT 00843 20 Feb 2002 IAT Immigration [ Bailii ] Â Dh (Ifa, Albanian) Kosovo [2002] UKIAT 07056 6 Mar 2002 IAT Immigration [ Bailii ] Â Zenovics, Regina (on the Application Of) -v- Secretary of State for the Home Department [2002] EWCA Civ 273 7 Mar 2002 CA Immigration 1 Cites 1 Citers [ Bailii ] Â Bs India [2002] UKIAT 00660 12 Mar 2002 IAT Immigration [ Bailii ] Â Starred Secretary of State for the Home Department -v- D (Tamil) [2002] UKIAT 00702 13 Mar 2002 IAT Immigration [ Bailii ] Â Starred Secretary of State for the Home Department -v- D (Tamil) [2002] UKIAT 000702 13 Mar 2002 IAT Immigration [ Bailii ] Â Kacaj -v- Secretary of State for the Home Department [2002] EWCA Civ 314 14 Mar 2002 CA Immigration 1 Cites 1 Citers [ Bailii ] Â Secretary of State for the Home Department -v- Ab [2002] UKIAT 00725 15 Mar 2002 IAT Immigration [ Bailii ] Â Avci -v- Secretary of State for Home Department [2002] EWCA Civ 396 20 Mar 2002 CA Keene LJ Immigration Application for leave to appeal - granted. [ Bailii ] Â Anufrijeva -v- Secretary of State for the Home Department [2002] EWCA Civ 399; [2004] QB 1124 22 Mar 2002 CA Lord Woolf CJ, Lord Phillips of Worth Matravers MR and Auld LJ Immigration, Benefits, Human Rights Three asylum-seekers brought claims of breach of their Article 8 rights. One complained of a local authority's failure to provide accommodation to meet special needs, the other two of maladministration and delay in the handling of their asylum applications. Held: All three claims failed. The essential object of article 8 is to protect individuals against arbitrary interference by public authorities, but it may also give rise to positive obligations. Lord Woolf CJ said: "The remedy of damages generally plays a less prominent role in actions based on breaches of the articles of the Convention, than in actions based on breaches of private law obligations where, more often than not, the only remedy claimed is damages. Where an infringement of an individual's human rights has occurred, the concern will usually be to bring the infringement to an end and any question of compensation will be of secondary, if any, importance." and "We find it hard to conceive . . of a situation in which the predicament of an individual will be such that article 8 requires him to be provided with welfare support, where his predicament is not sufficiently severe to engage article 3. Article 8 may more readily be engaged where a family unit is involved. Where the welfare of children is at stake, article 8 may require the provision of welfare support in a manner which enables family life to continue." European Convention on Human Rights 8 1 Cites 1 Citers [ Bailii ] Â Rd (Sufficiency of Protection, Ifa Roma) Poland Cg [2002] UKIAT 00983 4 Apr 2002 IAT Immigration [ Bailii ] Â Sf (Article 3, Prison Conditions) Iran Cg [2002] UKIAT 00973 4 Apr 2002 IAT Immigration [ Bailii ] Â Db (Sufficiency of Protection, Ifa) Algeria Cg [2002] UKIAT 01013 5 Apr 2002 IAT Immigration [ Bailii ] Â Me (Failed Asylum Seeker, Danian) Sudan Cg [2002] UKIAT 00997 5 Apr 2002 IAT Immigration [ Bailii ] Â Mapesa -v- Secretary of State for the Home Department [2002] UKIAT 01035 8 Apr 2002 IAT Immigration [ Bailii ] Â Qg (Echr Art 3, Art 8, Women) Kosovo [2002] UKIAT 01053 9 Apr 2002 IAT Immigration [ Bailii ] Â Ah (Iaf, Jewish Activist, Bucharest) Romania Cg [2002] UKIAT 01086 11 Apr 2002 IAT Immigration [ Bailii ] Â Fa (Military Service, Prison Conditions) Turkey Cg [2002] UKIAT 01111 12 Apr 2002 IAT Immigration [ Bailii ] Â Ofosu, Regina (on the Application of) -v- Secretary of State for Home Department [2002] EWCA Civ 561 12 Apr 2002 CA Immigration [ Bailii ] Â Kariharan and Another, Regina (on the Application Of) -v- Secretary of State for Home Department [2002] EWCA Civ 615; [2003] Imm AR 163; [2003] QB 933; [2002] INLR 383; [2002] 3 WLR 1783 15 Apr 2002 CA Auld, Sedley, Arden LJJ Immigration, Human Rights There is a right of appeal against removal directions under section 65 of the 1999 Act on the ground that removal would be in breach of a person's human rights. Auld LJ was not impressed by an argument that a restrictive interpretation was necessary to prevent abuse. On the one hand a last-minute challenge would not necessarily be abusive: there might genuinely have been changes of circumstance with the passage of time. And on the other, "If and to the extent that such an interpretation is open to abuse by repetitive last-minute claims, it seems to me that Parliament must be taken to have had that possible outcome in mind in including the anti-abuse and one-stop provisions in the 1999 Act . . The fact that those provisions may not provide absolute protection against abuse . . is no basis for a contrary construction, given the importance of the human rights in play." Sedley LJ agreed: "It is not this court's job to fill gaps perceived by one party to litigation in Parliament's provision, especially when the mechanism is not to read the abuse provisions generously but to constrict the antecedent right to which they relate." European Convention on Human Rights - Immigration and Asylum Act 1999 65 1 Citers [ Bailii ] Â Mt (Risk, Return, Gia) Algeria Cg [2002] UKIAT 01166 18 Apr 2002 IAT Immigration [ Bailii ] Â Regina (Mani) -v- Lambeth London Borough Council, Regina (Tasci) -v- Enfield London Borough Council, Regina (J) -v Same Times, 08 May 2002; Gazette, 23 May 2002; [2002] EWHC 735 (Admin); (2002) 5 CCLR 486; [2002] ACD 78 18 Apr 2002 QBD Mr Justice Wilson Housing, Benefits, Immigration The applicants were asylum seekers, but also had disabilities, and sought housing assistance from the local authorities. The authorities replied that they had no duty to provide housing because of the Immigration Act. Held: The 1948 Act provided care where no other was available. The need for rehousing here arose in part from the applicant's disabilities, and that was enough. The duty was not displaced because the need arose in large part from simple destitution for which the state provided other resources. Assistance in this context included the provision of housing, and in making the assessment the authority had under the 2000 regulations to ignore the other support given to asylum seekers. National Assistance Act 1948 21 - Immigration and Asylum Act 1999 115 - Asylum Support Regulations 2000 (SI 2000 No 704) 6(3) 23(1) 23(3) 1 Cites 1 Citers [ Bailii ] Â Emmanuel Joseph, Regina (on the Application of) -v- Secretary of State for the Home Department [2002] EWHC 758 (Admin) 19 Apr 2002 Admn Jack Beatson QC Immigration [ Bailii ] Â Cb -v- Secretary of State for the Home Department [2002] UKIAT 01176 19 Apr 2002 IAT Immigration [ Bailii ] Â Ak (Article 3, Military Service, Chechen War) Russia Cg [2002] UKIAT 01325 23 Apr 2002 IAT Immigration [ Bailii ] Â S and others -v- The Secretary of State for the Home Department [2002] EWCA Civ 539 24 Apr 2002 CA Mr Justice Keene Immigration [ Bailii ] Â Â In re S (Children) (Child abduction: Asylum appeal); FD 24-Apr-2002 - Times, 09 May 2002; Gazette, 30 May 2002 Â Secretary of State for the Home Department -v- Skenderaj [2002] EWCA Civ 567; [2002] 4 All ER 555 26 Apr 2002 CA The Hon Mrs Justice Arden Dbe Immigration The applicant sought asylum, claiming to be a target of an Albanian blood feud. He appealed a finding that his claim was not for a Convention reason, and did not amount to a claim of a well-founded fear of persecution for reason of his membership of a particular social group. Held: The question was whether he was a member of a particular social group. A social group for these purposes required a common characteristic by reason of which its members, cannot readily accept change; a recognised shared defining characteristic of the group which might set it apart which is other than a shared fear of persecution. The family was not so recognised as a social group, and the claim failed: "a family group could be a particular social group, since society recognises the family bond as distinct and attaches importance to it, but only if society also sets it apart in such a way as to stigmatise or discriminate against it for that reason." 1 Citers [ Bailii ] Â Secretary of State for the Home Department -v- Ns [2002] UKIAT 01257 29 Apr 2002 IAT Immigration [ Bailii ] Â Begum, Regina (on the Application of) -v- Secretary of State for Home Department [2002] EWCA Civ 629 29 Apr 2002 CA Immigration [ Bailii ] Â Â Farrakhan, Regina (on the Application of) -v- Secretary of State for the Home Department; CA 30-Apr-2002 - Gazette, 30 May 2002; [2002] EWCA Civ 606; [2002] 3 WLR 481; [2002] QB 1391 Â Mm (Article 3, Article 8, Ifa) Algeria Cg [2002] UKIAT 01327 1 May 2002 IAT Immigration [ Bailii ] Â Fk (Persecution,Refugee,Political Writer) Iran Cg [2002] UKIAT 01328 2 May 2002 IAT Immigration [ Bailii ] Â Vb -v- Entry Clearance Officer- Ghana [2002] UKIAT 1323 2 May 2002 IAT Immigration [ Bailii ] Â Starred Secretary of State for the Home Department -v- Bc (Kurmanji) [2002] UKIAT 01376 2 May 2002 IAT Immigration [ Bailii ] Â Pt (Medical Report, Analysis) Sri Lanka Cg [2002] UKIAT 01336 2 May 2002 IAT Immigration [ Bailii ] Â MN Pakistan [2002] UKIAT 01369 3 May 2002 IAT Immigration [ Bailii ] Â Dube (Student) South Africa [2002] UKIAT 01367 3 May 2002 IAT Immigration [ Bailii ] Â Hashmi, Regina (on the Application of) -v- Secretary of State for Home Department [2002] EWCA Civ 728 3 May 2002 CA Immigration [ Bailii ] Â Kf (Ifa, Blood Feud) Albania [2002] UKIAT 01419 7 May 2002 IAT Immigration [ Bailii ] Â Montoya -v- Secretary of State for the Home Department Times, 29 May 2002; Gazette, 13 June 2002; [2002] EWCA Civ 620 9 May 2002 CA Immigration The appellant sought refugee status. He was a wealthy man, but his life and that of his family had been threatened in Colombia unless he paid 10,000,000 pesos per month to Marxist guerillas. Held: Such a threat was not sufficient to warrant refugee status. The threat did not arise from a well founded fear of persecution for reasons of membership of a particular social group or political opinion. The status of being a land owner did not constitute a social group. Convention and Protocol Relating to the Status of Refugees 1951 (1951) (Cmd 9197) - Convention and Protocol Relating to the Status of Refugees 1967 (1967) (Cmnd 3906) [ Bailii ] Â Xh (Illegal Departure, Risk Return) China Cg [2002] UKIAT 01478 10 May 2002 IAT Immigration [ Bailii ] Â Aa (Risk Return, Luandan) Angola Cg [2002] UKIAT 01518 14 May 2002 IAT Immigration [ Bailii ] Â Cb (Detailed Appraisal) Sri Lanka Cg [2002] UKIAT 01547 16 May 2002 IAT Immigration [ Bailii ] Â Suarez -v- Secretary of State for the Home Department Gazette, 11 July 2002; [2002] EWCA Civ 722; [2002] 1 WLR 2663 22 May 2002 CA Poter LJ, Keene LJ and Sumner J Immigration The applicant for asylum had been threatened with death after witnessing a multiple murder as an army soldier. He had been already shot at before escaping. Held: So long as an applicant can establish that one of the motives of his persecutor is a Convention ground and that the applicant's reasonable fear relates to persecution on that ground, that will be sufficient. It was essential for an applicant to show that the reason for his persecution fell within one of the convention grounds. The applicant had not shown this, and his appeal against refusal of asylum was denied. 1 Citers [ Bailii ] Â En -v- Entry Clearance Officer, Kampala (Rwanda) [2002] UKIAT 01613 22 May 2002 IAT Immigration [ Bailii ] Â Azad Gardi -v- Secretary of State for the Home Department Times, 03 June 2002; Gazette, 04 July 2002; [2002] EWCA Civ 750 24 May 2002 CA Lord Justice Keene Immigration The applicant was an ethnic Kurd who claimed asylum, having fled Iraq. Held: To establish a claim, he must show that because of a well founded fear of persecution for a Convention reason, he was outside his country and unable or, because of that fear, unwilling, to avail himself of the protection of that country. The claimant said that the court had to look at the whole of Iraq, and not just one region. The court held that provided a safe way could be provided of getting there, the existence of a safe region defeated the asylum claim. However the IAT had failed to allow him a proper opportunity to state his case, and the case was remitted for rehearing. Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9197) and (1967) (Cmnd 3906) 1 Cites 1 Citers [ Bailii ] Â Bl (Ogboni Cult, Protection, Relocation) Nigeria Cg [2002] UKIAT 01708 28 May 2002 IAT Immigration [ Bailii ] Â Mb (Article 2, Article 3) Algeria Cg [2002] UKIAT 01704 28 May 2002 IAT Immigration [ Bailii ] Â In re S (Children) (Child abduction: Asylum appeal) Times, 03 June 2002; Gazette, 04 July 2002 28 May 2002 CA Lord Justice Thorpe, Lord Justice Laws and Lord Justice Rix Immigration, Children The appellant was the mother of a child, who was claiming asylum. The father sought the return of the child to India, claiming he had been abducted by the mother. She said that whilst her claim for asylum was extant, the court must not allow her or the child to be removed. Held: India was not a signatory to the convention, and therefore the matter had to be dealt with under the court's wardship jurisdiction. The mother and children had now been granted exceptional leave to stay in the UK. The words "remove" or "required to leave" in the 1999 Act, were to be read as technical immigration law terms, with no wider implications. The proper forum for the father's claim was India, and the child must be returned. Child Abduction and Custody Act 1985 - Immigration and Asylum Act 1999 15 1 Cites 1 Citers Â Es (Mdc) Zimbabwe Cg [2002] UKIAT 01807 31 May 2002 IAT Immigration [ Bailii ] Â MH (Sufficiency of Protection, Roma, Svazas) Czech Republic Cg [2002] UKIAT 01845 7 Jun 2002 IAT Immigration [ Bailii ] Â Bm Rm Tw (Kmdj) Kenya Cg [2002] UKIAT 01841 7 Jun 2002 IAT Immigration [ Bailii ] Â Tj (Risk Returns) Sri Lanka Cg [2002] UKIAT 01869 10 Jun 2002 IAT Immigration [ Bailii ] Â E -v- Secretary of State for the Home Department (Ethiopia) [2002] UKIAT 01963 14 Jun 2002 IAT Immigration [ Bailii ] Â Ho-Y (Risk, Terrorism) Algeria Cg [2002] UKIAT 01973 14 Jun 2002 IAT Immigration [ Bailii ] Â Aa (Bihari Camp) Bangladesh Cg [2002] UKIAT 01995 17 Jun 2002 IAT Immigration [ Bailii ] Â an (Military Service) Sudan [2002] UKIAT 02099 21 Jun 2002 IAT Immigration [ Bailii ] Â Rg (Risk Return, Sikh) Afghanistan Cg [2002] UKIAT 02130 24 Jun 2002 IAT Immigration [ Bailii ] Â Â T (Risk UDPS) Democratic Republic of Congo; IAT 27-Jun-2002 - [2002] UKIAT 02206 Â Entry Clearance Officer, Dhaka -v- Sb [2002] UKIAT 02212 27 Jun 2002 IAT Immigration [ Bailii ] Â Ogunkola (Family Visitor) [2002] UKIAT 02238 28 Jun 2002 IAT Immigration [ Bailii ] Â Mi (Fair Trial, Pre Trial Conditions) Pakistan Cg [2002] UKIAT 02239 28 Jun 2002 IAT Immigration [ Bailii ] Â Mn (Risk, Mdc) Zimbabwe Cg [2002] UKIAT 02246 28 Jun 2002 IAT Immigration [ Bailii ] Â I, Regina (on the Application of) -v- Secretary of State for the Home Department [2003] INLR 196; [2002] EWCA Civ 888 28 Jun 2002 CA Lord Justice Simon Brown, Lord Justice Mummery And Lord Justice Dyson Criminal Sentencing, Immigration, Human Rights The appellant obtained asylum but was convicted of offences after entering, and ordered to be deported. Whilst serving his sentence the deportation order was served, but he was not released on licence at the time he would normally have been released. The respondent argued that it was seeking to make arrangements for his deportation. He argued that it was clear that he would not be deported within any reasonable time, and that his continued detention breached his rights. Held: The appellant could have secured his own release by agreeing to a voluntary repatriation. The phrase 'reasonable time' in the Tan Te Lam case must include time already spent awaiting deportation. The possibility of his re-offending was part of the circumstances and to be taken into account. The appellant's renewed application for asylum was critical. Even so, the reasonable time had already been exhausted by the time the judge's decision was made, and the appellant was to be released. (Mummery dissenting) Simon-Brown LJ said: "The likelihood or otherwise of the detainee absconding and/or re-offending seems to me to be an obviously relevant circumstance. If, say, one could predict with a high degree of certainty that, upon release, the detainee would commit murder or mayhem, that to my mind would justify allowing the Secretary of State a substantially longer period of time within which to arrange the detainee's removal abroad." However: "Given . . that the appellant had by then been in administrative detention for nearly 16 months and that the Secretary of State could establish no more than a hope of being able to remove him forcibly by the summer, substantially more in the way of a risk of re-offending (and not merely a risk of absconding) than exists here would in my judgment be necessary to have justified continuing his detention for an indeterminate further period. .) In short, I came to the clear conclusion that . . it was simply not justifiable to detain the appellant a day longer; the legal limits of the power had by then been exhausted." Dyson LJ summarised the law: "There is no dispute as to the principles that fall to be applied in the present case. They were stated by Woolf J in Re Hardial Singh [1984] 1 WLR 704, 706D . . This statement was approved by Lord Browne-Wilkinson in Tan Te Lam v Tai A Chau Detention Centre [1997] AC 97, 111A-D … In my judgment, [counsel] correctly submitted that the following four principles emerge: (i) The Secretary of State must intend to deport the person and can only use the power to detain for that purpose; (ii) The deportee may only be detained for a period that is reasonable in all the circumstances; (iii) If, before the expiry of the reasonable period, it becomes apparent that the Secretary of State will not be able to effect deportation within that reasonable period, he should not seek to exercise the power of detention; (iv) The Secretary of State should act with the reasonable diligence and expedition to effect removal. Principles (ii) and (iii) are conceptually distinct. Principle (ii) is that the Secretary of State may not lawfully detain a person "pending removal" for longer than a reasonable period. Once a reasonable period has expired, the detained person must be released. But there may be circumstances where, although a reasonable period has not yet expired, it becomes clear that the Secretary of State will not be able to deport the detained person within a reasonable period. In that event, principle (iii) applies. Thus, once it becomes apparent that the Secretary of State will not be able to effect the deportation within a reasonable period, the detention becomes unlawful even if the reasonable period has not yet expired." Mummery LJ (dissenting) said: "As the appellant does not want to go back to Afghanistan, refuses to co-operate with the authorities to return voluntarily and has so far had no success in his asylum claims, there are, in my judgment, reasonable grounds for believing that, given the chance, he will probably seek to frustrate attempts to remove him under the deportation order before it is possible to carry it into effect. So, there is a real risk that, if he is now released from his present detention under paragraph 2(3) of schedule 3 to the Immigration Act 1971, he will probably abscond and never return to Afghanistan. . . In my judgment, the Secretary of State has supplied a valid justification of the detention to date and of the need for it to continue for a longer period. In addition to the risk that the appellant will probably abscond if he is now released, the Secretary of State reasonably relies on continuing efforts on his behalf to operate the machinery for the appellant's removal." European Convention on Human Rights Art 5 - Immigration Act 1971 1 Cites 1 Citers [ Bailii ] Â Ds (Persecution, Risk Return) China Cg [2002] UKIAT 02340 4 Jul 2002 IAT Immigration [ Bailii ] Â El (Ex-Minor, Elr, Return) Kosovo [2002] UKIAT 02345 4 Jul 2002 IAT Immigration [ Bailii ] Â MS (Dup, Activities Abroad) Sudan Cg [2002] UKIAT 02385 5 Jul 2002 IAT Immigration [ Bailii ] Â Secretary of State for the Home Department -v- Z and Others [2002] EWCA Civ 952 5 Jul 2002 CA Lord Justice Robert Walker Immigration [ Bailii ] Â Regina (Ngamguem) -v- Secretary of State for the Home Department [2002] EWHC Admin 1550 8 Jul 2002 Admn Ousely J Immigration The applicant a native of Cameroon, had sought asylum. He was refused. His appeal to an adjudicator was dismissed, and directions for his removal were given. Some months later his solicitors submitted what they said was new evidence. They asked for the removal directions to be cancelled. The Secretary of State refused, and issued a certificate under the section. That was challenged in proceedings for judicial review. Held: "In order for there to be a legitimate purpose there has to be some new material of substance placed before the Secretary of State which goes beyond what has been presented to the Special Adjudicator and it is for the Secretary of State to consider whether it does or does not have any weight. If he considers that it does not, the conclusion follows that he is entitled to certify the claim as one for the purposes of delay with no other legitimate purpose." Immigration and Asylum Act 1999 73(8) 1 Citers Â Sq (Delay, Minor) Kosovo [2002] UKIAT 02448 9 Jul 2002 IAT Immigration [ Bailii ] Â MZ (PSG Informers, Political Opinion) Colombia Cg [2002] UKIAT 02465 10 Jul 2002 IAT Immigration [ Bailii ] Â Ah (Somali) [2002] UKIAT 02545 11 Jul 2002 IAT Immigration [ Bailii ] Â Ds (Risk, Odp) Turkey Cg [2002] UKIAT 02563 11 Jul 2002 IAT Immigration [ Bailii ] Â Ap (Return) Estonia Cg [2002] UKIAT 02544 11 Jul 2002 IAT Immigration [ Bailii ] Â Carpenter -v- Secretary of State for the Home Department [2003] 2 WLR 267; [2002] EUECJ C-60/00; C-60/00; [2003] QB 416 11 Jul 2002 ECJ G C Rodríguez Iglesias, President and Judges N. Colneric, S. von Bahr, C. Gulmann, D. A. O. Edward, J.-P. Puissochet, M. Wathelet, R. Schintgen and J. N. Cunha Rodrigues European, Immigration, Human Rights The applicant had come to England on a six month visitor's visa. She then married an English national, but her visa was not extended. Held: The husband had business interests and activities throughout the community. The deportation of the applicant would have the effect of removing her support for him and restrict his ability to trade within the EU. The right to trade could be relied upon by an individual as against the state where necessary. A member state could only derogate from the duty where the proposed action complied also with the convention. Here the proposed action would also infringe the right to family life. The deportation would be against EU law. 'Finally, the question of the risk of abuse should be considered, in particular the possible risk that the national rules of residence concerning the legal position of spouses of nationals who are nationals of non-member countries could be evaded by the spouse who is a national being tempted to "create" a Community connection. Thus it may be argued that the nationals of a member state might, for example, take up employment – even only for a short term – in another member state precisely in order thereby to "bring" themselves and the non-member country spouse within the scope of Community law. It might further be argued that the spouses who are nationals of non-member countries would thus be removed from the exclusive application of national law and would retain a legal position which might be more favourable than under national law, by thereby being given the possibility of residence based on Community law.' EC Treaty Art 49 - European Convention on Human Rights 6.1 1 Citers [ Bailii ] Â Mo (Mcdowal, Reviewed Objectivity) Turkey Cg [2002] UKIAT 02583 12 Jul 2002 IAT Immigration [ Bailii ] Â Az (Risk, Ahmadi) Pakistan Cg [2002] UKIAT 02642 15 Jul 2002 IAT Immigration [ Bailii ] Â Najjemba, Regina (on the Application Of) -v- Secretary of State for Home Department [2002] EWCA Civ 1082 15 Jul 2002 CA Immigration [ Bailii ] Â Mh & others (Article 3, Fgm) Sudan Cg [2002] UKIAT 02691 16 Jul 2002 IAT Immigration [ Bailii ] Â Regina (Ullah) -v- Special Adjudicator Times, 05 September 2002 16 Jul 2002 Admn Mr Justice Harrison Immigration, Human Rights The appellant challenged an order denying him asylum and for his return to Pakistan. He said that his return would infringe his human rights be exposing him to denial of his rights to freedom of thought and religious belief. Held: The considerations under article 9 were the same as those already expounded by the court with regard to article 6 in this situation. There is a permitted derogation under both articles for considerations of immigration control. The most the court could do would be to consider whether there was be a flagrant interference with the right. That did not apply here. European Convention on Human Rights 9 - Immigration and Asylum Act 1999 65 Â Md (Medical Facilities, Adequate Treatment) Russia Cg [2002] UKIAT 02678 16 Jul 2002 IAT Immigration [ Bailii ] Â Regina, on the Application of 'A' -v- Secretary of State for the Home Department [2002] EWCA Civ 1008 16 Jul 2002 CA Lord Justice Waller Immigration [ Bailii ] Â Â DP (Risk, Lissouba Region) Republic of Congo Brazzaville CG; IAT 17-Jul-2002 - [2002] UKIAT 02773 Â IM (Medical Facilities, Bensaid) Kosovo [2002] UKIAT 02727 17 Jul 2002 IAT Immigration 1 Cites [ Bailii ] Â Regina (Vemenac) -v- Secretary of State for the Home Department [2002] EWHC 1636 (Admin) 17 Jul 2002 Admn Burton J Immigration The applicant was a Serb from Croatia whose application for asylum was refused. On appeal to an adjudicator he also raised human rights issues but his appeal was dismissed. He later applied again for leave to remain on the basis of his relationship with a woman (invoking Article 8 of the European Convention) and by reference to material which he said showed that he would face difficulties obtaining housing if he were returned. The fresh application was rejected, and a certificate was issued pursuant to section 73(8), which was challenged in proceedings for judicial review. Held: Considering the situation which had to exist to enable the Secretary of State to issue a certificate: "It is not enough for a conclusion to be reached that the purpose was delay, because of course a good claim can delay removal from the United Kingdom …. And so it could be said of almost any claim, good or bad, that one of the purposes for making the application is to delay removal. What is necessary to justify the Secretary of State's certification is that in his opinion the appellant had no other legitimate purpose for making the application. … The question is whether the Secretary of State was entitled to be satisfied that in his opinion the appellant had no such legitimate purpose for making the application. …What that means is that the Secretary of State must be shown reasonably to have been satisfied that in his opinion the appellant had no legitimate purpose because the case put forward is so hopeless that it was not properly arguable." Immigration and Asylum Act 1999 73(8) 1 Citers Â Bulent Avci -v- Secretary of State for the Home Department [2002] EWCA Civ 977 17 Jul 2002 CA Lord Justice Brooke Immigration [ Bailii ] Â Bodzek and Another, Regina (on the Application of) -v- Special Adjudicator [2002] EWHC 1525 (Admin); [2002] EWHC 1525 (Admin) 18 Jul 2002 Admn Immigration [ Bailii ] Â A -v- Secretary of State for Home Department [2002] EWCA Civ 1171 18 Jul 2002 CA Immigration [ Bailii ] Â Â SJ (Article 8 Proportionality, PTSD, Bosnian Muslim, Medical Facilities) Bosnia CG; IAT 18-Jul-2002 - [2002] UKIAT 02819 Â Nyakonya, Regina (on the Application of) -v- Immigration Appeal Tribunal and Another [2002] EWHC 1544 (Admin) 18 Jul 2002 Admn Immigration [ Bailii ] Â Krasniqi -v- Secretary of State for Home Department [2002] EWCA Civ 1154 18 Jul 2002 CA Immigration Appeal against refusal of asylum - Kosovan Albanian [ Bailii ] Â Â AS (Sufficiency of Protection) Lithuania CG; IAT 19-Jul-2002 - [2002] UKIAT 02843 Â Sa (Kashmiri Muslim, Activism) India Cg [2002] UKIAT 02884 22 Jul 2002 IAT Immigration [ Bailii ] Â Ss (Ifa, Relocation) Kosovo [2002] UKIAT 02869 22 Jul 2002 IAT Immigration [ Bailii ] Â Sl (Military Service) China Cg [2002] UKIAT 03085 25 Jul 2002 IAT Immigration [ Bailii ] Â Mouvement contre le racisme, l'antisemitisme et la xenophobie ASBL (MRAX) -v- Etat Belge [2002] EUECJ C-459/99; C-459/99 25 Jul 2002 ECJ European, Immigration Europa Third country nationals who are the spouse of a Member State national - Requirement for a visa - Right of entry for spouses not in possession of identity documents or a visa - Right of residence for spouses who have entered unlawfully - Right of residence for spouses who have entered lawfully but whose visa has expired when they apply for a residence permit - Directives 64/221/EEC, 68/360/EEC and 73/148/EEC and Regulation (EC) No 2317/95. 1 Citers [ Europa ] - [ Bailii ] - [ Europa ] Â MZ (Rape, Stigma, UNHCR Advice) Kosovo [2002] UKIAT 03012 25 Jul 2002 IAT Immigration [ Bailii ] Â Â PS (Risk, Mixed Ethnicity, Tutsi) Democratic Republic of Congo; IAT 25-Jul-2002 - [2002] UKIAT 03061 Â Lr & others (Persecution, Vendetta) Colombia Cg [2002] UKIAT 03158 26 Jul 2002 IAT Immigration [ Bailii ] Â Am (Bajuni, Somali Speaker, Kibajuni Speaker) Somalia [2002] UKIAT 03169 26 Jul 2002 IAT Immigration [ Bailii ] Â Secretary of State for the Home Department Immigration Appeal Tribunal -v- Krepel [2002] EWCA Civ 1265 26 Jul 2002 CA Immigration [ Bailii ] Â El Ali -v- Secretary of State for the Home Department; Daraz -v- Same, United Nations High Commissioner for Refugees, intervening Times, 12 August 2002; Gazette, 10 October 2002; [2002] EWCA Civ 1103 26 Jul 2002 CA Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice May and Lord Justice Laws Immigration, Children The applicants contended that as children of Palestinian Arabs who were entitled to be treated as asylum applicants, they were to be treated on the same basis. The Immigration Appeal Tribunal had decided that they had to establish such entitlement themselves. Held: The entitlement was not 'inherited' but had to be established for the children in their own right. This opinion contradicted that of the UN High Commissioner for Refugees, but had been reached after careful consideration, and was correct. United Nations Convention Relating to the Status of Refugees 1951 (Cmd 9171) 1D [ Bailii ] Â Fj (Farc, Convention Reason) Colombia Cg [2002] UKIAT 03219 29 Jul 2002 IAT Immigration [ Bailii ] Â Jm (Sufficiency of Protection, Ethnic Russian) Latvia Cg [2002] UKIAT 03133 29 Jul 2002 IAT Immigration [ Bailii ] Â Hwez and Khadir -v- Secretary of State for the Home Departmentand Another [2002] EWHC 1597 (Admin) 29 Jul 2002 Admn Crane J Immigration Immigration Act 1971 1 3 1 Cites 1 Citers [ Bailii ] Â Regina (T and Another) -v- Secretary of State for Health and Another Times, 05 September 2002; Gazette, 10 October 2002 29 Jul 2002 QBD Sir Edwin Jowitt Immigration, Benefits The applicant sought financial support whilst her application for asylum was considered. She was HIV positive, and had a child to breastfeed. Without financial assistance she would have to breast feed causing a risk of transmitting HIV to her child. Held: The Secretary of State should have seen her circumstances as sufficiently exceptional to deserve reconsideration. The possible appalling consequences must justify considering why she should not breast feed. Immigration and Asylum Act 1999 96(2) Â Td-K Jk (Relocation of Ex-President Bedie) Ivory Coast Cg [2002] UKIAT 03140 29 Jul 2002 IAT Immigration [ Bailii ] Â Wc (Illegal Departure, Failed Asylum Seeker) China Cg [2002] UKIAT 03295 29 Jul 2002 IAT Immigration [ Bailii ] Â Ozcan, Regina (on the Application of) -v- Immigration Appeal Tribunal [2002] EWCA Civ 1133 30 Jul 2002 CA Immigration [ Bailii ] Â Regina (on the Application of Kanagasingham Kariharan & Kanagara) -v- Secretary of State for the Home Office Times, 13 August 2002; Gazette, 03 October 2002; [2002] EWCA Civ 1102; [2003] QB 933 30 Jul 2002 CA Lord Justice Auld, Lord Justice Sedley, Lord Justice Arden Immigration, Human Rights The applicants were subject to removal directions following the failures of their applications for asylum had failed. The decisions were made before the Human Rights Act came into effect, but the direction orders were made afterwards. They sought to challenge the directions on Human Rights grounds. Held: They had a right of appeal since the removal directions were decisions under the Immigration Acts being decisions affecting the applicants right to enter into or remain in the UK. The decisions exercised a discretion, and were freestanding and themselves subject to the Human Rights Act. Immigration and Asylum Act 1999 65 - Human Rights Act 1998 1 Cites 1 Citers [ Bailii ] Â Â PO (Risk Return, General) Sierra Leone CG; IAT 30-Jul-2002 - [2002] UKIAT 03285 Â Â MS (Risk, Homosexuality, Military Service) Macedonia CG; IAT 30-Jul-2002 - [2002] UKIAT 03308 Â Â GX -v- Secretary of State for the Home Department (Kosovo); IAT 31-Jul-2002 - [2002] UKIAT 03352 Â Ls (Persecution, Cio) Zimbabwe Cg [2002] UKIAT 03342 1 Aug 2002 IAT Immigration [ Bailii ] Â Ss (Moslem, False Charges) India Cg [2002] UKIAT 03340 1 Aug 2002 IAT Immigration [ Bailii ] Â Jw (Fea, Sufficiency of Protection, Mungiki) Kenya [2002] UKIAT 03402 1 Aug 2002 IAT Immigration [ Bailii ] Â Bk (Risk, Adultery, Psg) India Cg [2002] UKIAT 03387 2 Aug 2002 IAT Immigration [ Bailii ] Â Mt -v- Secretary of State for the Home Department [2002] UKIAT 03404 2 Aug 2002 IAT Immigration [ Bailii ] Â Ad (Return, Garde A Vu) Algeria Cg [2002] UKIAT 03392 2 Aug 2002 IAT Immigration [ Bailii ] Â Pt (Risk, Bribery, Release) Sri Lanka Cg [2002] UKIAT 03444 5 Aug 2002 IAT Immigration [ Bailii ] Â FJ (Proportionality, Kosovo) Kosovo [2002] UKIAT 03516 6 Aug 2002 IAT Immigration [ Bailii ] Â Mu (Documentation, Nufus Card) Turkey Cg [2002] UKIAT 03528 6 Aug 2002 IAT Immigration [ Bailii ] Â at (Medical Facilities, Ptsd) Kosovo [2002] UKIAT 03520 6 Aug 2002 IAT Immigration [ Bailii ] Â Â TK (Article 3, Blind Person, KAA, Prison Condition) Iraq CG; IAT 8-Aug-2002 - [2002] UKIAT 03576 Â Â KB (Article3, Health, Medical Facilities) Democratic Republic of Congo; IAT 8-Aug-2002 - [2002] UKIAT 03571 Â Alexander Marku for Judicial Review By the Immigration Appeal Tribunal 8 Aug 2002 OHCS Lady Smith Scotland, Immigration [ ScotC ] Â Dk (Sufficiency of Protection, Kaa, Blood Feud) Iraq Cg [2002] UKIAT 03608 9 Aug 2002 IAT Immigration [ Bailii ] Â Ab (Persecution, Cio) Zimbabwe Cg [2002] UKIAT 03598 9 Aug 2002 IAT Immigration [ Bailii ] Â Â RN (Risk, Connections With Mobutu) Democratic Republic of Congo; IAT 13-Aug-2002 - [2002] UKIAT 03662 Â Â HL (Risk, Return, Snakeheads) China CG; IAT 13-Aug-2002 - [2002] UKIAT 03683 Â Ht Turkey [2002] UKIAT 03722 14 Aug 2002 IAT Immigration [ Bailii ] Â OA (IFA, Unduly Harsh, Chechens, Relocation) Russia CG [2002] UKIAT 03796 15 Aug 2002 IAT Immigration [ Bailii ] Â Â DJ (Muslim Christian Conflict, Medical Evidence) Nigeria CG; IAT 16-Aug-2002 - [2002] UKIAT 03837 Â Fh (Hiv/Aids Medical Facilities) Sierra Leone Cg [2002] UKIAT 03905 20 Aug 2002 IAT Immigration [ Bailii ] Â Lm (Mdc) Zimbabwe Cg [2002] UKIAT 03916 21 Aug 2002 IAT Immigration [ Bailii ] Â KH (Risk, Maoist) Nepal Cg [2002] UKIAT 03945 22 Aug 2002 IAT Immigration [ Bailii ] Â IP (Risk, Maoist) Nepal Cg [2002] UKIAT 04038 29 Aug 2002 IAT Immigration [ Bailii ] Â Vg (Operational Guidance Note 2001) Angola Cg [2002] UKIAT 04045 29 Aug 2002 IAT Immigration [ Bailii ] Â Vg (Coup) Ivory Coast Cg [2002] UKIAT 04020 29 Aug 2002 IAT Immigration [ Bailii ] Â Ma (Risk, Jaaji Clan Benadiri) Somalia Cg [2002] UKIAT 04084 30 Aug 2002 IAT Immigration [ Bailii ] Â LR (Roma, Remedies, Police Brutality) Romania CG [2002] UKIAT 04123 2 Sep 2002 IAT Immigration Appeal against directions for removal to Romania. Held: The Adjudicator was entitled to find upon the totality of the evidence that applying the removal directions which are the subject of the appeal would not cause any breach on the part of the United Kingdom of either the Refugee or Human Rights Convention. [ Bailii ] Â WN (Risk, Kikiu, Rift Valley, Documentary Evidence) Kenya [2002] UKIAT 04138 3 Sep 2002 IAT P R Moulden C Immigration The Appellant from Kenya appealed against the determination of an Adjudicator dismissing her appeal against the Respondent's decision to give directions for her removal from the United Kingdom and to refuse asylum. [ Bailii ] Â Mh (Risk Return, Falun Gong) China Cg [2002] UKIAT 04134 3 Sep 2002 IAT Immigration [ Bailii ] Â Pushpanathan -v- Canada (Minister of Citizenship and Immigration) [2002] FCJ No 1207; 2002 FCT 867 3 Sep 2002 Blais J Immigration, Human Rights, Crime, Commonwealth FCC (Federal Court of Canada - Trial Division) - Application by Pushpanathan for judicial review of a decision of the Convention Refugee Determination Division that he was not a Convention refugee. Pushpanathan was a Tamil citizen of Sri Lanka. He alleged that he was persecuted on the basis of his political opinions and was detained after participating in a political demonstration. While in Canada, Pushpanathan was convicted of conspiracy to traffic heroine along with five other Tamils and served over two years in a federal penitentiary. At his first hearing, the Refugee Division found that the conviction excluded him from refugee status because it was contrary to the purposes and principles of the United Nations. On appeal, the court ordered a new hearing. At the second hearing, the Refugee Division found that Pushpanathan was excluded from refugee protection on the basis of his involvement in crimes against humanity and terrorist activities associated with the Liberation Tigers of Tamil Eelam. HELD: Application dismissed. The standard of review was less than a balance of probabilities. The Refugee Division correctly concluded that the Liberation Tigers was a terrorist organization. Through the trafficking of narcotics, Pushpanathan was complicit in supporting the Liberation Tigers and demonstrated a personal knowing participation and common purpose with the Tigers. 1 Citers [ UNCHR ] Â Rb (Personal Disability) Zimbabwe [2002] UKIAT 04144 3 Sep 2002 IAT Immigration [ Bailii ] Â Yd (Risk, Fazilet) Turkey Cg [2002] UKIAT 04154 4 Sep 2002 IAT Immigration [ Bailii ] Â Â Abbasi and Another, Regina (on the Application of) -v- Secretary of State for Foreign & Commonwealth Office and others; CA 10-Sep-2002 - [2002] EWCA Civ 1316 Â Starred B -v- Entry Clearance Officer, Islamabad (Pakistan) [2002] UKIAT 04229 13 Sep 2002 IAT Immigration [ Bailii ] Â Baumbast and Another -v- Secretary of State for the Home Department Times, 08 October 2002; [2002] EUECJ C-413/99; C-413/99; [2002] ECR 1–7091 17 Sep 2002 ECJ Rodriguez Iglesia, Jann, Macken, Colneric, von Bahr, Gulmann, Edward, La Pergola, Puissochet, Wathelet, Skouris European, Immigration, Children The first applicant, his wife and her children had been granted leave to stay in the UK. At the time the leave was withdrawn the children were settled in schools, and were granted indefinite leave. The second applicant was the mother of children who also acquired leave. They each appealed refusal of leave to stay. Held: The children had acquired the rights as the children of migrant workers within the EEC under the Regulation. That regulation was to be interpreted so as to provide also for the right of residence of the child's primary carer. "A citizen of the European Union who no longer enjoys a right of residence as a migrant worker in the host Member State can, as a citizen of the Union, enjoy there a right of residence by direct application of Article 18(1) EC. The exercise of that right is subject to the limitations and conditions referred to in that provision, but the competent authorities and, where necessary, the national courts must ensure that those limitations and conditions are applied in compliance with the general principles of Community Law and, in particular, the principle of proportionality." "A citizen of the European Union who no longer enjoys a right of residence as a migrant worker in the host Member State can, as a citizen of the Union, enjoy there a right of residence by direct application of Article 18(1) EC. The exercise of that right is subject to the limitations and conditions referred to in that provision, but the competent authorities and, where necessary, the national courts must ensure that those limitations and conditions are applied in compliance with the general principles of Community Law and, in particular, the principle of proportionality." Regulation (EEC) No 1612/68 12 1 Citers [ Europa ] - [ Bailii ] - [ Europa ] Â Nm (Mdc) Zimbabwe [2002] UKIAT 04263 17 Sep 2002 IAT Immigration [ Bailii ] Â BS (Ifa, Mixed Ethnicity) Kosovo Cg [2002] UKIAT 04254 17 Sep 2002 IAT Immigration [ Bailii ] Â Pr (Medical Facilities) Sri Lanka Cg [2002] UKIAT 04269 18 Sep 2002 IAT Immigration [ Bailii ] Â Rm (Military Service, Rcd-Fis) Algeria Cg [2002] UKIAT 04232 18 Sep 2002 IAT Immigration [ Bailii ] Â Is (Risk, Conviction Fine, Paid Release) Sri Lanka Cg [2002] UKIAT 04230 18 Sep 2002 IAT Immigration [ Bailii ] Â Da (Risk, Return, Reporting Restrictions) Sri Lanka Cg [2002] UKIAT 04279 18 Sep 2002 IAT Immigration [ Bailii ] Â DG (Journalist, Healthcare) Nepal Cg [2002] UKIAT 04284 18 Sep 2002 IAT Immigration [ Bailii ] Â Bp Turkey [2002] UKIAT 04332 20 Sep 2002 IAT Immigration [ Bailii ] Â LG (Maoist, Ex-Military) Nepal Cg [2002] UKIAT 04334 23 Sep 2002 IAT Immigration [ Bailii ] Â Co (Sufficiency of Protection, Internal Relocation) Nigeria Cg [2002] UKIAT 04404 25 Sep 2002 IAT Immigration [ Bailii ] Â Starred K -v- Secretary of State for the Home Department (Afghanistan) [2002] UKIAT 04412 26 Sep 2002 IAT Immigration [ Bailii ] Â Nl (Mental Illness, Support for Family) Pakistan Cg [2002] UKIAT 04408 26 Sep 2002 IAT Immigration [ Bailii ] Â Di (Ifa, Fgm) Ivory Coast Cg [2002] UKIAT 04437 27 Sep 2002 IAT Immigration [ Bailii ] Â Lv (Internal Relocation, Farc) Colombia Cg [2002] UKIAT 04431 27 Sep 2002 IAT Immigration [ Bailii ] Â HM (Mental Health) Sierra Leone Cg [2002] UKIAT 04459 30 Sep 2002 IAT Immigration [ Bailii ] Â En (Roma) Macedonia Cg [2002] UKIAT 04488 30 Sep 2002 IAT Immigration [ Bailii ] Â FC (Article3, Medical Facilities, Psychiatric) Kosovo Cg [2002] UKIAT 04608 3 Oct 2002 IAT Immigration [ Bailii ] Â Ga (Umma, Reconciliation With Government) Sudan Cg [2002] UKIAT 04605 3 Oct 2002 IAT Immigration [ Bailii ] Â No (Journalists) Algeria Cg [2002] UKIAT 04664 4 Oct 2002 IAT Immigration [ Bailii ] Â Regina (Khan) -v- Oxfordshire County Council Gazette, 31 October 2002; Times, 04 November 2002 4 Oct 2002 QBD Moses J Immigration, Housing, Local Government The applicant sought review of the authority's decision not to offer her housing. She was subject to immigration control. She had been the victim of domestic violence and of abduction. Held: The authority could provide assistance under either Act, unless prohibited by statute. The limitation in the 1948 statute did apply to restrict the authority's decision under the 2000 Act. Nevertheless, in the particular circumstances the decision not to provide assistance was unreasonable, and review was granted. Immigration and Asylum Act 1999 115 - National Assistance Act 1948 21(1)(a) Â European Roma Rights Centre and 6 others -v-Tthe Immigration Officer at Prague Airport, The Secretary of State for the Home Department [2002] EWHC 1989 (Admin) 8 Oct 2002 QBD The Honourable Mr Justice Stanley Burnton The Honourable Justice Burton < Immigration, Human Rights, Discrimination There is an "administrative, financial and indeed social burden borne as a result of failed asylum seekers". Immigration Act 1971 1 2 1 Citers [ Bailii ] Â Pi (Relocation, OsuIgbo, Christian) Nigeria Cg [2002] UKIAT 04720 8 Oct 2002 IAT Immigration [ Bailii ] Â Ls (Internal Relocation, Sikh Separatists) India Cg [2002] UKIAT 04714 8 Oct 2002 IAT Immigration [ Bailii ] Â Anufrijeva and Another -v- Immigration Appeal Tribunal and Another [2002] EWCA Civ 1628 10 Oct 2002 CA Immigration [ Bailii ] Â Kulek -v- Secretary of State for Home Department [2002] EWCA Civ 1408 14 Oct 2002 CA Mr Justice Scott Baker, Lord Justice Rix, Lord Phillips MR Immigration [ Bailii ] Â Hoxha and Another -v- Secretary of State for the Home Department Times, 31 October 2002; Gazette, 14 November 2002; [2002] EWCA Civ 1403 14 Oct 2002 CA Phillips MR, Chadwick, Keene LLJ Immigration The applicant sought asylum. He had suffered persecution, and continued to suffer the effects of that persecution on his health. He appealed a refusal which was on the basis that the conditions which led to the persecution would not now apply. Held: The applicants had had well founded fears of persecution when they left Albania, but that situation was no longer the case. The Convention provided that the status of refugee was lost when the circumstances which justified the status ceased to apply. The appeal was refused. Convention Relating to the stautus of Refugees 1951 (Cmd 9171) 1A(2) [ Bailii ] Â IG (Indra Gurung) (Exclusion, Risk, Maoists) Nepal CG (Starred) [2002] UKIAT 04870; [2003] INLR 133; [2003] Imm AR 115 14 Oct 2002 IAT Collins J P Immigration The Tribunal gave guidance to adjudicators on the proper approach to the Refugee Convention's Exclusion Clauses at Art 1F. The claimant had been a film star but was said to have become involved in a Maoist movement said to be involved in terrorism. Held: "If the Nepalese authorities saw the appellant as a member of the CPN (Maoist) party, it was difficult to see that they would limit themselves to a legitimate process of prosecution. Going by the objective country materials placed before us, we see no reason to differ from the conclusions reached by the Tribunal in Rajesh Gurung and subsequent cases such as Prakesh Sharma [2002] UKIAT 02943 and Hane [2002] UKIAT 03945. Indeed, in our view the more comprehensive and in some respects more recent objective materials placed before us serve only to confirm the findings of fact reached by the Tribunal in these cases to the effect that someone currently viewed as a Maoist would face persecution rather than simple prosecution." and "these materials do indicate that the use of torture, disappearances, and arbitrary detention remains widespread, particularly in areas affected by the Maoist insurgency. Whilst extrajudicial killings have not been widespread, most of those concerned were suspected of being sympathisers with the Maoists . . Reports of government excesses against Maoists in the early part of 2002 in the context of police and military drives against the Maoists are particularly alarming." and "In view of the considerable body of evidence showing that Maoists are far more likely to experience torture and ill treatment in detention, such persecution would also demonstrably be for a Convention reason of political opinion." 1 Citers [ Bailii ] Â Im (Sufficiency of Protection, Roma) Romania [2002] UKIAT 04872 15 Oct 2002 IAT Immigration [ Bailii ] Â WF (Internal Relocation, Christian) India Cg [2002] UKIAT 04874 15 Oct 2002 IAT Immigration Appeal against award of asylum. [ Bailii ] Â Dube -v- Secretary of State for the Home Department [2002] EWHC 2032 (Admin) 15 Oct 2002 Admn Immigration [ Bailii ] Â Tm (Persecution, Christians, Individual, General) Sudan Cg [2002] UKIAT 04849 15 Oct 2002 IAT Immigration [ Bailii ] Â Mwaura and others -v- Secretary of State for Home Department [2002] EWCA Civ 1664 15 Oct 2002 CA Immigration [ Bailii ] Â Nyapokoto, Regina (on the Application Of) -v- Adjudicator [2002] EWCA Civ 1554 17 Oct 2002 CA Immigration [ Bailii ] Â Â Westminster City Council -v- National Asylum Support Service; HL 17-Oct-2002 - Times, 18 October 2002; [2002] UKHL 38; [2002] 1 WLR 2956; [2002] 4 All ER 654; [2002] HLR 58; (2002) 5 CCL Rep 511; [2003] BLGR 23 Â Â Regina -v- Secretary of State for the Home Department, Ex Parte Thangarasa; Same Ex parte Yogathas; HL 17-Oct-2002 - Times, 18 October 2002; [2002] UKHL 36; [2002] 3 WLR 1276; [2003] 1 AC 920; [2002] 4 All ER 785; [2002] INLR 620; [2003] Imm AR 227; [2002] 14 BHRC 185 Â St (Dev Sol) Turkey Cg [2002] UKIAT 04883 17 Oct 2002 IAT Immigration [ Bailii ] Â Ali, Regina (on the Application Of) -v- Adjudicator [2002] EWHC 2097 (Admin) 18 Oct 2002 Admn Immigration [ Bailii ] Â Singh and Another, Regina (on the Application of) -v- Immigration Appeal Tribunal [2002] EWHC 2096 (Admin) 18 Oct 2002 Admn Immigration [ Bailii ] Â Regina (Tamil Information Centre) -v- Secretary of State for the Home Department Times, 30 October 2002; Gazette, 14 November 2002; [2002] EWHC 2155 (Admin) 18 Oct 2002 Admn Forbes J Administrative, Immigration, Discrimination The Respondent had authorised immigration officers to act in a way which would otherwise be a discrimination against Tamils under the 1976 Act. They complained that authorisations had been effectively and unlawfully delegated. Held: The evaluations would in practice be carried out by individual immigration officers, and the decisions would be theirs. The authorisation therefore involved an improper delegation of the respondents powers. It was not justified as a legitimate way of achieving the respondents targets. A licence to discriminate should be expected to be subject to strict control, and parliament had intended that it be exercised by the respondent personally. Race Relations Act 1976 19D - Race Relations (Amendment) Act 2000 1 [ Bailii ] Â Hs (Return, Failed Asylum Seeker) India Cg [2002] UKIAT 04912 21 Oct 2002 IAT Immigration [ Bailii ] Â Azad Gardi -v- Secretary of State for the Home Department (No 2) Times, 25 October 2002; Gazette, 21 November 2002; [2002] EWCA Civ 1560 22 Oct 2002 CA Ward LJ Immigration, Scotland The Home Secretary sought to appeal against the decision of the Immigration Appeal Tribunal. Held: The IAT had been reviewing a decision of an adjudicator in Scotland. Accordingly, any appeal against the IAT decision lay to the Court of Session, not to the Court of Appeal. 1 Cites [ Bailii ] Â Hetoja, Regina (on the Application Of) -v- Secretary of State for the Home Department Times, 11 November 2002; [2002] EWHC 2146 (Admin) 24 Oct 2002 Admn Lightman J Immigration, Benefits, Human Rights, Housing The applicant was an asylum seeker reliant upon the respondent for housing, being otherwise destitute. She sought housing which would not split up her extended family. She claimed that the regulations excluded from the respondent's decision making process an element, her right to respect for family life, which he was obliged under the Convention to have regard to. Held: The regulations required the respondent not to take account of the applicant's own personal preferences. This did not prevent him having proper regard for her circumstances, including the factors which she sought to have reflected, in his duty to provide adequate accommodation. The regulations did not conflict with her rights. National Assistance Act 1948 - Immigration and Asylum Act 1999 97(2) - Asylum Support Regulations 2000 (2000 No 704) 13(2)(a) - European Convention on Human Rights Art 8 [ Bailii ] Â Secretary of State for the Home Department, Regina (on the Application of) -v- Chief Asylum Support Adjudicator and Another Times, 29 November 2002; Gazette, 19 December 2002; [2002] EWHC 2218 (Admin) 25 Oct 2002 Admn Silber J Immigration, Benefits The asylum seeker had sought support from the Secretary of State. That assistance had been granted subject to a condition that she live where directed. She sought to appeal. Held: There was no right of appeal against the condition. The jurisdiction must come from section 103(2). That section made it clear that a right of appeal lay only of the support was stopped. There had to be two decisions, a grant of and a withdrawal of support. There was no pre-existing support grant to support an appeal. Immigration and Asylum Act 1999 95 103(2) 1 Cites 1 Citers [ Bailii ] Â A, X and Y, and others -v- Secretary of State for the Home Department Times, 29 October 2002; Gazette, 28 November 2002; [2002] EWCA Civ 1502; [2004] QB 335 25 Oct 2002 CA Woolf, LCJ, Brooke, Chadwick LLJ Immigration, Human Rights The applicant challenged regulations brought in by the respondent providing for foreigners suspected of terrorism to be detained where a British national suspect would not have been detained. The respondent had issued a derogation from the Convention for this purpose. Held: The people detained were those who could not be returned to their own country for fear of persecution. The reasons for detention were ones of suspicion only. The order was discriminatory, but was set against a background of a national emergency following the terrorist attacks in September 2001. A court should be careful before seeking to challenge a conclusion of the Respondent relating to matters of national security. A non-national did not enjoy the same rights as a national. The discrimination was real but not unjustified. Proceedings before the Special Immigration Appeals Commission are not criminal proceedings for the purposes of Article 6. The result is that Article 6 (2) and (3) do not apply. European Convention on Human Rights Art 15 - Human Rights Act 1998 (Designated Derogation) Order 2001 (2001 No 3644) - Terrorism Act 2001 1 Cites 1 Citers [ Bailii ] Â Tasci -v- Secretary of State for Home Department [2002] EWCA Civ 1583 28 Oct 2002 CA Immigration [ Bailii ] Â Dabrowski and Others, Regina (on the Application Of) -v- Secretary of State for the Home Department [2002] EWHC 2183 (Admin) 29 Oct 2002 Admn Immigration [ Bailii ] Â Ahsak, Regina (on the Application of) -v- Immigration Appeal Tribunal [2002] EWHC 2182 (Admin) 29 Oct 2002 Admn Rafferty J Immigration The decision maker had taken into account all relevant and material considerations and had come to a conclusion which could not be said to have been unreasonable in all the circumstances, including the circumstance that the petitioner had already had essentially the same claim entertained and rejected by two separate adjudicators. The court rejected a challenge to a refusal by the Tribunal to extend the time limit. 1 Citers [ Bailii ] Â Malik, Regina (on the Application Of) -v- Secretary of State for Home Department [2002] EWCA Civ 1651 29 Oct 2002 CA Immigration [ Bailii ] Â Fa (Risk, Elf-Rc, Activity) Eritrea [2002] UKIAT 05039 31 Oct 2002 IAT Immigration [ Bailii ] Â Â Regina -v- Secretary of State for the Home Department Ex parte Saadi and others; HL 31-Oct-2002 - Times, 01 November 2002; [2002] UKHL 41; [2002] 1 WLR 3131; [2002] 4 All ER 785; [2003] ACD 11; [2003] UKHRR 173; [2002] INLR 523 Â Feruzi, Regina (on the Application Of) -v- Special Adjudicator and Another [2002] EWCA Civ 1704 1 Nov 2002 CA Immigration [ Bailii ] Â Mudarikwa -v- Secretary of State for Home Department [2002] EWCA Civ 1608 1 Nov 2002 CA Immigration [ Bailii ] Â Mh -v- Secretary of State for the Home Department (Pakistan) [2002] UKIAT 04685 4 Nov 2002 IAT Immigration [ Bailii ] Â Arzpeyma, Regina (on the Application Of) -v- Immigration Appeal Tribunal and Another [2002] EWHC 2395 (Admin) 4 Nov 2002 Admn Immigration [ Bailii ] Â Li -v- Secretary of State for Home Department [2002] EWCA Civ 1611 4 Nov 2002 CA Immigration [ Bailii ] Â Dh (Risk, Imik, Kaa) Iraq Cg [2002] UKIAT 05099 5 Nov 2002 IAT Immigration [ Bailii ] Â Fazliniah Farkondeh -v- Special Adjudicator and Another [2002] EWCA Civ 1535 6 Nov 2002 CA Lord Justice Buxton, Lord Justice Simon Brown, Lord Justice Carnwath Immigration [ Bailii ] Â Mashoko -v- Secretary of State for Home Department [2002] EWCA Civ 1699 7 Nov 2002 CA Immigration [ Bailii ] Â Shehu Vs the Secretary of State for the Home Department Kosovo [2002] UKIAT 05103 7 Nov 2002 IAT Immigration [ Bailii ] Â Starred H -v- Secretary of State for the Home Department (Kenya) [2002] UKIAT 05185 11 Nov 2002 IAT Immigration [ Bailii ] Â Starred Secretary of State for the Home Department -v- Ae and Another (Tamil) [2002] UKIAT 05237 12 Nov 2002 IAT Immigration [ Bailii ] Â Â PK (Article 8, Return, Marriage-Refugee) Democratic Republic of Congo; IAT 13-Nov-2002 - [2002] UKIAT 05220 Â Gc (Relocation, Maoists) Nepal Cg [2002] UKIAT 05241 13 Nov 2002 IAT Immigration [ Bailii ] Â Dk (Ethiopian, Eritrean, Return, Eritrea) Eritrea [2002] UKIAT 05243 13 Nov 2002 IAT Immigration [ Bailii ] Â Immigration Officer Terminal 2 Heathrow Vs Bn (Family Members, Echr Art 8, Proportionality) Chile [2002] UKIAT 05225 13 Nov 2002 IAT Immigration [ Bailii ] Â Rm (Internal Relocation-Farc) Colombia Cg [2002] UKIAT 05258 14 Nov 2002 IAT Immigration [ Bailii ] Â Sivakumar -v- Immigration Appeal Tribunal and Another [2002] EWCA Civ 1891 15 Nov 2002 CA Immigration [ Bailii ] Â Av (Ifa, Mixed Ethnicity Relationship, Russia/Chechen) Russia Cg [2002] UKIAT 05260 15 Nov 2002 IAT Immigration [ Bailii ] Â YJ (Non-Kurdish Speakers In Kaa) Iraq Cg [2002] UKIAT 05271 15 Nov 2002 IAT Immigration [ Bailii ] Â Yildirim -v- Secretary of State for Home Department [2002] EWCA Civ 1766 18 Nov 2002 CA Immigration, Human Rights [ Bailii ] Â Lucas -v- Secretary of State for Home Department [2002] EWCA Civ 1809 18 Nov 2002 CA Immigration [ Bailii ] Â Anwar -v- Secretary of State for Home Department [2002] EWCA Civ 1726 20 Nov 2002 CA Immigration [ Bailii ] Â Razgar, Regina (on the Application Of) -v- Secretary of State for the Home Department [2002] EWHC 2554 (Admin) 20 Nov 2002 Admn Immigration [ Bailii ] Â Starred 14 (Kabu, Pashtun) Afghanistan Cg [2002] UKIAT 05345 21 Nov 2002 IAT Immigration [ Bailii ] Â B, Regina (on the Application of) -v- Secretary of State for Home Department [2002] EWCA Civ 1797 21 Nov 2002 CA Immigration Domestic violence consession. [ Bailii ] Â Wodajo -v- Secretary of State for Home Department [2002] EWCA Civ 1750 22 Nov 2002 CA Immigration [ Bailii ] Â Wodajo -v- Secretary of State for Home Department [2002] EWCA Civ 1756 22 Nov 2002 CA Immigration [ Bailii ] Â Tt (Risk Return, Snakeheads) China Cg [2002] UKIAT 04937 22 Nov 2002 IAT Immigration [ Bailii ] Â Rs (Relocation, Maoists) Nepal Cg [2002] UKIAT 05407 25 Nov 2002 IAT Immigration [ Bailii ] Â Gurung, Pun & Thapa -v- Ministry of Defence Times, 28 November 2002; [2002] EWHC 2463 (Admin) 27 Nov 2002 QBD McCombe J Armed Forces, Human Rights, Discrimination, Immigration The applicants were British Nepalese soldiers who had been imprisoned by the Japanese in the second world war. They challenged the decision of the respondent in November 2000 to exclude them from a compensation scheme, but to allow other British nationals from India who had also been imprisoned. Held: The decision to exclude them was irrational. It offended the common law principle of equality before the law, and was discriminatory under the Convention. It was permissible for the government not to seek compensation on behalf of nationals of other states which had themselves reached a settlement with Japan, but that did not apply to these claimants. Standards which may have applied in 1955 need not be applied now. The ABCIFER case was to de distinguished because that case did not involve any element of race discrimination as did this. European Convention on Human Rights 8 14 1 Cites 1 Citers [ Bailii ] Â Yk (Psg - Woman) Turkey Cg [2002] UKIAT 05491 28 Nov 2002 IAT Immigration [ Bailii ] Â Bishop (Criminal Offences) New Zealand [2002] UKIAT 05532 29 Nov 2002 IAT Immigration [ Bailii ] Â Regina (Mohamad) -v- Secretary of State for the Home Department Times, 12 December 2002 29 Nov 2002 QBD Munby J Immigration, Human Rights The applicant challenged the refusal of his plea for asylum. He was an Iraqi Kurd. The order required him to be returned to Iraq. Held: Notwithstanding the apparent terms of the order, he would in fact be returned to the Kurdish area of Iraq, where he would be safe from any form of persecution other than from members of his girlfriend's family. Such a threat was not a Convention threat, and the order for return stood. Nor was the finding that the threat failed to reach the threshold where his human rights were engaged, incorrect. European Convention on Human Rights& Art 3 1 Cites Â Hf (Persecution, Discrimination, Yibir, Occupation, Caste) Somalia Cg [2002] UKIAT 05520 29 Nov 2002 IAT Immigration [ Bailii ] Â Bn (Mdc) Zimbabwe [2002] UKIAT 05518 29 Nov 2002 IAT Immigration [ Bailii ] Â Am -v- the Secretary of State for the Home Department [2002] UKIAT 08403 29 Nov 2002 IAT Immigration [ Bailii ] Â Regina (Nadarajah) -v- Secretary of State for the Home Department [2002] EWHC 2595 2 Dec 2002 Admn Stanley Burnton J Immigration, Human Rights The Claimant was a Tamil from Sri Lanka claiming asylum. He was married in 1991; his wife was also Tamil. In 1995 his claim for asylum in Germany failed. What then happened was disputed. The Claimant said that he voluntarily returned to Sri Lanka, where he was imprisoned and tortured; that his wife procured his release, following which he fled to the UK. The Secretary of State believes that the Claimant never left Germany, but simply went to ground before illegally and clandestinely entering the UK in 1998. After his arrest as an illegal entrant he claimed asylum. At that time, his asylum claim in Germany was still subject to an appeal to the German courts. When he arrived in the UK, he concealed the fact that he had previously applied for asylum in Germany or anywhere else; that he had done so was discovered when fingerprints were taken. The Home Secretary sought to remove him to Germany as a safe third country. Judicial review proceedings were begun on his behalf, but were held in abeyance pending the appeals in Adan and Aitsegeur [2001] 2 AC 477 and Yogathas [2002] UKHL 41 [2002] 4 All ER 785. In August 2001, the Claimant's wife entered this country and claimed asylum. In November 2001, the Home Secretary certified the Claimant's asylum claim under section 11 of the Immigration and Asylum Act 1999. In January 2002, the Claimant's solicitors withdrew the first judicial review claim on account of judicial decisions on third country certification (in the case of Yogathas that of the Court of Appeal)." 1 Cites 1 Citers Â Ai (Mixed Ethnicity, Albanian/Kosovo) Kosovo Cg [2002] UKIAT 05547 2 Dec 2002 IAT Immigration [ Bailii ] Â Makombo -v- Immigration Appeal Tribunal and Another [2002] EWCA Civ 1806 2 Dec 2002 CA Immigration [ Bailii ] Â FS (Camps, Vulnerable Group, Woman) Sierra Leone CG [2002] UKIAT 05588 3 Dec 2002 IAT Immigration [ Bailii ] Â Starred Secretary of State for the Home Department -v- S & K (Croatia) [2002] UKIAT 05613 3 Dec 2002 IAT Immigration [ Bailii ] Â Chen -v- Secretary Of State for the Home Department [2002] EWHC 2797 (Admin) 5 Dec 2002 Admn Goldring J Immigration The court considered the appropriateness of detaing a potential deportee when he was set against returning home. The applicant had been convicted on three charges of kidnapping false imprisonment and blackmail. Goldring J said: "The case of Mohamed Dahmani, reference CO/2947/97, was not, I am told, drawn to the attention of the Court of Appeal in the decision of I. The applicant had been detained for a period of some 19 months (a similar period to the detention in this case) under section 2(3) of schedule 3. I simply cite part of Keene J's judgment on page 4: "Miss Giovannetti has also drawn my attention to the case of Lehchibi, a judgment handed down on 21st January by Mr Justice Latham, which refers to the factor of how far an applicant has contributed to his own misfortune in the sense of delaying his removal through his own lack of co-operation. It seems to me that that becomes relevant because it may mean that whatever steps the Home Secretary has taken, they become all the more reasonable because of the problems created by the applicant himself. The position in the present case is that in my judgment the applicant has been responsible for a substantial part of the delay which has occurred in this case." and "In addition, as I have indicated, it seems to me that the responsibility for a large part of that 19 months of detention rests, at least partly if not largely, with the applicant himself because of the lack of co-operation to which I have referred earlier." It seems to me I am entitled to approach the present case on this basis. Non-co-operation may not be decisive. It is, however, a relevant, possibly highly relevant, factor. If that were not so, the purpose of these provisions could deliberately be defeated by a determined applicant. It would be open to such a person simply to sit there and do nothing until return was no longer a realistic prospect. Such a person might well then disappear, having been released into the community. That person may, moreover, be somebody convicted of most serious criminal offences (as has the applicant in this case). It cannot have been Parliament's intention that the Act could be frustrated in that way. 1 Citers [ Bailii ] Â Sa (Fair Trial, Prison Conditions) Pakistan Cg [2002] UKIAT 05631 5 Dec 2002 IAT Immigration [ Bailii ] Â Fm (Risk, Homosexual, Illegal Departure) Iran Cg [2002] UKIAT 05660 5 Dec 2002 IAT Immigration [ Bailii ] Â Secretary of State for Home Department -v- Sirviene [2002] EWCA Civ 1902 6 Dec 2002 CA Immigration [ Bailii ] Â Satu -v- London Borough of Hackney and Another [2002] EWCA Civ 1843 6 Dec 2002 CA Immigration, Benefits National Assistance Act 1948 [ Bailii ] Â MS (Risk, Homosexual) Turkey Cg [2002] UKIAT 05654 6 Dec 2002 IAT Immigration [ Bailii ] Â Hg (Risk, Eritrean) Ethiopia [2002] UKIAT 05689 9 Dec 2002 IAT Immigration [ Bailii ] Â Gh (Up Farc) Cg [2002] UKIAT 05736 10 Dec 2002 IAT Immigration [ Bailii ] Â Â Zeqaj -v- Secretary of State for the Home Department; CA 10-Dec-2002 - [2002] EWCA Civ 1919 Â Mm (Ahmadi, Internal Relocation) Pakistan Cg [2002] UKIAT 05714 10 Dec 2002 IAT Immigration [ Bailii ] Â Aa (Risk, Geledi Benadiri Clan) Somalia Cg [2002] UKIAT 05720 11 Dec 2002 IAT Immigration [ Bailii ] Â Bn (War Crimes, Ethnic Serb, Fair Trial) Croatia Cg [2002] UKIAT 05750 11 Dec 2002 IAT Immigration [ Bailii ] Â Mohammed, Regina (on the Application Of) -v- Immigration Appeal Tribunal and Another [2002] EWCA Civ 1911 13 Dec 2002 CA Immigration [ Bailii ] Â Regina (Lika) -v- Secretary of State for the Home Department [2002] EWCA Civ 1855 16 Dec 2002 CA Mr Justice Lawrence Collins, Lord Justice Latham Immigration The applicant was an ethnic Albanian, whose application for asylum had been rejected on the ground that he had passed through Germany. The Dublin Convention did not create rights enforceable by individuals, its purpose is to produce a system which will benefit asylum seekers generally. It does so by governing the responsibilities of the member states. It could not create a legitimate expectation. Asylum and Immigration Act 1996 292) 1 Cites [ Bailii ] Â Ahsan Ullah, Thi Lien Do -v- Special Adjudicator, Secretary of State for the Home Department Times, 18 December 2002; Gazette, 13 March 2003; [2003] 1 WLR 770; [2002] EWCA Civ 1856 16 Dec 2002 CA Lord Justice Kay, Lord Justice Dyson, Lord Phillips MR Immigration, Ecclesiastical, Human Rights The appellants challenged refusal of asylum, claiming that their return to countries which did not respect their religion, would infringe their right to freedom of religious expression. It was accepted that the applicants did not have a sufficient well founded fear of persecution in the general sense. Held: The Convention had come to regulate in part how signatory countries controlled their immigration, but controlled signatory states as to their treatment of those within their jurisdiction only. The right to control immigration might trump the human rights of those whose movement was to be controlled. The claimants sought the right to practise and preach their religions freely. The extension of Convention rights conflicted with the principle of territoriality, and had only been allowed for article 3. The present court was not required to take it further for article 9 where the interference in the exercise of that right fell short of being article 3 ill-treatment. "a removal decision to a country that does not respect article 9 rights will not infringe the 1998 Act where the nature of the interference with the right to practise religion that is anticipated in the receiving state falls short of article 3 ill-treatment. It may be that this does not differ greatly, in effect, from holding that interference with the right to practise religion in such circumstances will not result in the engagement of the Convention unless the interference is 'flagrant'." European Convention on Human Rights Art 3 Art 9 1 Cites 1 Citers [ Bailii ] Â Ay, Regina (on the Application Of) -v- Secretary of State for the Home Department [2002] EWCA Civ 1922 17 Dec 2002 CA Immigration [ Bailii ] Â Fd (Suffiency of Protection, Police Officer) Albania [2002] UKIAT 05778 17 Dec 2002 IAT Immigration [ Bailii ] Â Rg (Sufficiency of Protection, Honour Killings, Kaa) Iraq Cg [2002] UKIAT 05788 18 Dec 2002 IAT Immigration [ Bailii ] Â Oleed -v- Secretary of State for the Home Department [2002] EWCA Civ 1906 19 Dec 2002 CA Immigration [ Bailii ] Â Mn (Returns, Policy, War Veterans) Zimbabwe [2002] UKIAT 05806 19 Dec 2002 IAT Immigration [ Bailii ] Â Ga (Risk, Bihari) Bangladesh Cg [2002] UKIAT 05810 20 Dec 2002 IAT Immigration [ Bailii ] Â Ak (Democratic Party) Albania [2002] UKIAT 05822 20 Dec 2002 IAT Immigration [ Bailii ] Â BK (Risk, Return, General) Sierra Leone CG [2002] UKIAT 05842 24 Dec 2002 IAT Immigration [ Bailii ] Â Â AH (Sufficiency of Protection, Sunni Extremists) Pakistan CG; IAT 31-Dec-2002 - [2002] UKIAT 05862 Â
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