Judges: Sir Andrew Mcfarlane President of the Family Division Citations: [2019] EWHC 2475 (Fam), [2020] 1 FLR 253 Links: Bailii Jurisdiction: England and Wales Children, Immigration Updated: 03 February 2022; Ref: scu.648662
Citations: [1875] SLR 12 – 189 Links: Bailii Jurisdiction: Scotland Scotland Updated: 02 February 2022; Ref: scu.576556
(1) SSH and HR (illegal exit: failed asylum seeker) Iran CG [2016] UKUT 308 (IAC) remains valid country guidance in terms of the country guidance offered in the headnote. For the avoidance of doubt, that decision is not authority for any proposition in relation to the risk on return for refused Kurdish asylum-seekers on account … Continue reading HB (Kurds) Iran (Illegal Exit: Failed Asylum Seeker) CG: UTIAC 12 Dec 2018
In considering whether the delay in determining a person’s (‘P) asylum application is unlawful all the circumstances must be considered in the round including, inter alia: length of delay; whether P was a minor at the date of his application; whether P continues to be a minor; if a minor, P’s best interests; the complexities … Continue reading TM (A Minor), Regina (on The Application) v Secretary of State for The Home Department (Minor – Asylum – Delay): UTIAC 23 Aug 2018
(a) An Iranian male whom it is sought to return to Iran, who does not possess a passport, will be returnable on a laissez passer, which he can obtain from the Iranian Embassy on proof of identity and nationality. (b) An Iranian male in respect of whom no adverse interest has previously been manifested by … Continue reading SSH and HR (Illegal Exit: Failed Asylum Seeker (CG): UTIAC 29 Jun 2016
UTIAC In every case involving exclusion of protection under Article 1F of the Refugee Convention, the onus of proof is on the Secretary of State, a detailed and individualised examination of the facts is required, there must be clear and credible evidence of the offending conduct, and the overall evaluative judgment involves the application of … Continue reading Al-Sirri (Asylum – Exclusion – Article 1F(C)) Egypt: UTIAC 17 Aug 2016
[2015] EWHC 4098 (Admin) Bailii Immigration Updated: 16 January 2022; Ref: scu.564424
UTIAC 1. A decision that further submissions do not amount to a ‘fresh claim’ under para 353 of the Immigration Rules is not a decision to refuse a protection or human rights claim and so does not give rise to a right of appeal to the First-tier Tribunal under s.82 of the Nationality, Immigration and … Continue reading MG, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) (‘Fresh Claim’; Para 353: No Appeal) (IJR): UTIAC 17 May 2016
UTIAC In considering whether to exercise discretion to extend time for seeking permission to appeal to the Upper Tribunal, both the First-tier Tribunal and the Upper Tribunal should apply the approach commended by the Court of Appeal in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537; Denton v White [2014] EWCA Civ 906 … Continue reading Onowu, Regina (on The Application of) v First-Tier Tribunal (Immigration and Asylum Chamber) (Extension of Time for Appealing: Principles) (IJR): UTIAC 31 Mar 2016
ECJ (Judgment) Preliminary reference – urgent preliminary ruling procedure – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Article 3, Paragraph 3 – Right member States to send an applicant to a safe third country – Article 18 – the member … Continue reading Mirza v Bevandorlasi es Allampolgarsagi Hivatal (Borders, Asylum And Immigration): ECJ 17 Mar 2016
[2016] EWCA Civ 279 Bailii England and Wales Immigration Updated: 12 January 2022; Ref: scu.561592
[2016] EWCA Civ 85 Bailii England and Wales Immigration Updated: 10 January 2022; Ref: scu.559742
[2015] ScotCS CSIH – 81 Bailii Scotland Immigration Updated: 09 January 2022; Ref: scu.558147
[2003] EWHC 1402 (Admin) Bailii England and Wales Cited by: Appeal from – A, Regina (on the Application of) v National Asylum Support Service and Another CA 23-Oct-2003 . . Lists of cited by and citing cases may be incomplete. Benefits, Immigration Updated: 20 December 2021; Ref: scu.184083
[2014] ScotCS CSOH – 112 Bailii Scotland, Immigration Updated: 16 December 2021; Ref: scu.534144
Appeal against rejection of his request to appeal against deportation order. Maurice Kay, McFarlane LJJ, Sir Stanley Burnton [2014] EWCA Civ 937, [2014] WLR(D) 300, [2015] INLR 329, [2015] 2 All ER 870, [2015] 1 WLR 466, [2015] Imm AR 21, [2015] Imm AR 2 Bailii, WLRD England and Wales Immigration Updated: 16 December 2021; … Continue reading Akpinar, Regina (on The Application of) v The Upper Tribunal (Immigration and Asylum Chamber): CA 8 Jul 2014
Mrs Justice Ellenbogen DBE [2021] EWHC 2013 (Admin) Bailii England and Wales Immigration, Human Rights Updated: 01 December 2021; Ref: scu.666433
[2014] ScotCS CSOH – 28 Bailii Scotland Immigration Updated: 30 November 2021; Ref: scu.521618
There was an allegation that the managers had been committing an actionable nuisance, alternatively that they had been negligent in and about the construction and maintenance of a hospital for small-pox patients in Hampstead. The trial judge had refused to allow the plaintiffs to adduce evidence concerning two other hospitals maintained by the same managers … Continue reading Metropolitan Asylum District Managers v Hill: HL 7 Mar 1881
[2013] EWCA Civ 1523 Bailii England and Wales Immigration Updated: 26 November 2021; Ref: scu.518420
Request for judicial review of refusal to grant permission to appeal against refusal of asylum claim. He said that when in Sri Lanka, his home country, he had been associated with the LTTE, and had indeed been tortured already on three occasions. Blair J [2013] EWHC 3415 (Admin) Bailii Immigration Updated: 25 November 2021; Ref: … Continue reading Thangarasa, Regina (on The Application of) v Upper Tribunal (Immigration and Asylum Chamber) and Another: Admn 8 Nov 2013
[2013] ScotCS CSIH – 88 Bailii Scotland Updated: 22 November 2021; Ref: scu.517014
[2013] ScotCS CSIH – 85 Bailii Scotland Updated: 22 November 2021; Ref: scu.517020
[2013] EWHC 2316 (Admin) Bailii England and Wales Immigration Updated: 18 November 2021; Ref: scu.514297
FTTTx VAT -input tax reclaim – MTIC fraud – contra-traders – whether trader knew or should have known that its purchases were connected with VAT fraud – appeal dismissed [2013] UKFTT 281 (TC) Bailii VAT Updated: 17 November 2021; Ref: scu.513425
The correct legal principles to be applied and the correct procedure to be adopted where one party to private law proceedings under s 8 of the Children Act 1989 seeks disclosure and inspection of documentation from the successful asylum claim of the other party, for use in the family proceedings. Mr Justice MacDonald [2019] EWHC … Continue reading R v Secretary of State for The Home Department (Disclosure of Asylum Records): FD 18 Nov 2019
UTIAC (i) Where an appellant in an asylum appeal had previously been informed that his case is being considered as a ‘legacy case’ but no decision under the process had been made, a subsequent immigration decision following a rejection by the Secretary of State of his asylum claim is not rendered unlawful by reason of … Continue reading AZ (Asylum – Legacy Cases) Afghanistan: UTIAC 10 Jun 2013
UTIAC 1. Appeals can be brought under section 83 of the Nationality, Immigration and Asylum Act 2002 (so called ‘upgrade’ appeals’) only on the grounds that removing the appellant from the United Kingdom would breach the United Kingdom’s obligations under the Refugee Convention (see section 84(3)) or that the appellant is entitled to humanitarian protection … Continue reading ST (Child Asylum Seekers) Sri Lanka: UTIAC 25 Jun 2013
[2013] EWCA Civ 679 Bailii Jury Updated: 14 November 2021; Ref: scu.510908
[2013] ScotCS CSOH – 93 Bailii Scotland, Immigration Updated: 14 November 2021; Ref: scu.510840
[2013] ScotCS CSOH – 94 Bailii Scotland, Immigration Updated: 14 November 2021; Ref: scu.510841
[2014] UKIntelP o25214 Bailii England and Wales Intellectual Property Updated: 12 November 2021; Ref: scu.534604
IAT Failed asylum seekers do not, as such, face a risk of being subjected, on return to Zimbabwe, to persecution or serious ill-treatment. That will be the case whether the return is voluntary or involuntary, escorted or not. The findings in respect of risk categories in SM and Others (MDC – Internal flight – risk … Continue reading HS (Returning Asylum Seekers) Zimbabwe CG: IAT 29 Nov 2007
UTIAC a. This country guidance replaces previous guidance in SA and IA (Undocumented Kurds) Syria CG [2009] UKAIT 00006.b. In the context of the extremely high level of human rights abuses currently occurring in Syria, a regime which appears increasingly concerned to crush any sign of resistance, it is likely that a failed asylum seeker … Continue reading KB (Failed Asylum Seekers and Forced Returnees) Syria CG: UTIAC 21 Dec 2012
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Leave to remain – Application – Reasonableness of expecting child applicant to leave United Kingdom – Proper approach to applying reasonableness test . .
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Insofar as the Secretary of State’s policy Permission to work and volunteering for asylum seekers, version 8.0, 29 May 2019, admits no exceptions, it has not been justified and so is unlawful. . .
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Application for an order setting aside the preliminary decision of the Asylum and Immigration Tribunal dismissing the claimant’s application to extend time for giving notice of appeal against the decision of the Home Secretary. The SS’s decision had . .
AIT The family reunion provisions of para 352A et seq do not extend to the family members of those whose own status derives only from those Rules. In those circumstances, a claimant cannot show that the sponsor . .
Appeal from refusal of Hard Cases Support. . .
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References: [2009] UKAIT 00041 Links: Bailii AIT The family reunion provisions of para 352A et seq do not extend to the family members of those whose own status derives only from those Rules. In those circumstances, a claimant cannot show that the sponsor left his country of former habitual residence ‘in order to seek asylum’ … Continue reading MS and Others (Family Reunion: ‘In Order To Seek Asylum’) Somalia: AIT 15 Sep 2009
Whether an asylum applicant had a well founded fear of persecution if he returned home, is always a question of fact and degree, and could not be made a question of law. Even so where there was a clear risk of repeated rather than single beatings if the applicant returned, it was likely that the … Continue reading Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999
The claimant sought judicial review of decisions refusing him refugee status and rejecting his application for asylum. Judges: Anthony Thornton QC J Citations: [2010] EWHC 1528 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 20 December 2022; Ref: scu.417797
The Secretary of State appealed against a determination that the applicant’s appeal against deportation should be allowed on asylum grounds. Judges: Arden, Sullivan, Patten LJJ Citations: [2011] EWCA Civ 695, [2011] INLR 762, [2011] Imm AR 779 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 20 December 2022; Ref: scu.441203
Judges: Sedley, Longmore, Maurice Kay LJJ Citations: [2009] EWCA Civ 620, [2009] INLR 514, [2010] Imm AR 132, C5/2008/1706, C5/2009/0251 Links: Bailii Statutes: European Convention on Human Rights 2 3, Directive 2004/83/EC Jurisdiction: England and Wales Citing: Examined – Elgafaji and Elgafaji v Staatssecretaris van Justitie ECJ 17-Feb-2009 Europa (Grand Chamber) Directive 2004/83/EC – Minimum … Continue reading QD and AH (Iraq) v Secretary of State for the Home Department: CA 24 Jun 2009
The applicant had spent 30 months in administrative detention pending removal but was described as having ‘a long history of criminal offending. His convictions variously include two counts of indecent assault, robbery, burglary, assault on a police officer and a drugs offence. A number of his offences were committed whilst he was on bail or … Continue reading Abdi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 May 2009
Consensual dismissal of appeal against refusal of asylum claim. Citations: [2008] EWCA Civ 794 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 20 December 2022; Ref: scu.270811
The appellant sought asylum on the basis that he had a well-founded fear of persecution on the grounds that he was at risk of serious harm if he were to be returned to Afghanistan because his father was a well-known commander of the Taliban and also involved in the Islamic movement. Citations: [2008] EWCA Civ … Continue reading ZJ (Afghanistan) v Secretary of State for the Home Department: CA 10 Jun 2008
The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon. Held: The claimant had arguable points under the 2000 Act and otherwise, and permission was granted for the review to be heard. Judges: Owen J Citations: [2008] EWHC 936 … Continue reading Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another: Admn 2 May 2008
The applicants sought asylum. Their child had a right of residence as a European citizen. Held: The applicants could not rely upon their child’s right of residence to establish one for themselves. Judges: Lord Justice Keene Lord Justice May Lord Justice Wall Citations: Times 07-Jun-2006, [2006] EWCA Civ 484 Links: Bailii Jurisdiction: England and Wales … Continue reading Ali v Secretary of State for the Home Department: CA 3 May 2006
Judges: Forbes J Citations: [2007] EWHC 514 (Admin) Links: Bailii Statutes: Children (Leaving Care) Act 2000 Jurisdiction: England and Wales Citing: Cited – Regina (Behre and Others) v Hillingdon London Borough Council Admn 29-Aug-2003 Each claimant arrived as an unaccompanied child to claim asylum, and destitute. Assistance was provided under the 1989 Act until they … Continue reading Hillingdon, Regina (on the Application of) v the Secretary of State for Education and Skills: Admn 15 Mar 2007
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal. Held: The test in Gough should be restated in part so that the court must first ascertain all the circumstances which have a bearing on the suggestion that the judge was biased. … Continue reading Lawal v Northern Spirit Limited: HL 19 Jun 2003
The three Tamil applicants had left the area of Sri Lanka controlled by the Tamil Tigers and gone to live in Colombo. It was asserted that in Colombo they had a well-founded fear of persecution because they were young male Tamils and were therefore subject to security round-ups of such people which occurred when the … Continue reading Regina v The Immigration Appeal Tribunal and Another ex parte Rajendrakumar: CA 11 Oct 1995
The parties agreed for the transfer of shares. The payment cheque was not honoured. The appellant first claimed an absence of consideration, then sought to amend her defence to say that she had acted under economic duress. Threats had been made as to the sale of the company and actions which would threaten the vue … Continue reading Mauthoor v THF Delap and Associates Limited: CA 2 Oct 1995
The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey. Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. … Continue reading Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003
An assessment of the risks of persecution to an asylum refugee if returned to his country of origin is to be in the round, and at time of assessment. Citations: Times 30-Oct-1995 Jurisdiction: England and Wales Immigration Updated: 20 December 2022; Ref: scu.86919
Application for judicial review of decisions by the Secretary of State certifying claims made on behalf of the claimant as manifestly unfounded in accordance with section 72(2)(a) of the Immigration and Asylum Act 1999. Citations: [2003] EWHC 1788 (Admin) Links: Bailii Statutes: Immigration and Asylum Act 1999 72(2)(a) Jurisdiction: England and Wales Immigration Updated: 20 … Continue reading Bardiqi, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 14 Jul 2003
The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal was to delay removal. Held: The correct approach was to to treat it … Continue reading Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 16 Sep 2003
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 … Continue reading Secretary of State for Home Department v Ravichandran: CA 6 Jun 1997
AIT 1. It is now established that save in exceptional circumstances the grant of an order for reconsideration means that a funding order will be made if applicable: see RS (Funding-meaning of ‘significant prospect’) Iran [2005] UKAIT 00138 and reg 6(3) of the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005.2. Deciding whether there … Continue reading KH (Funding, RS Followed) Turkey: AIT 25 Jul 2007
An illegal immigrant who was seeking political asylum may be detained if necessary. Citations: Times 07-Feb-1995, Independent 07-Feb-1995 Statutes: Immigration Act 1971 Sch 2 para 9 Jurisdiction: England and Wales Immigration Updated: 09 December 2022; Ref: scu.87817
Original fraudulent claim for asylum does not ipso facto defeat claim for asylum. Citations: Ind Summary 20-Nov-1995 Jurisdiction: England and Wales Immigration Updated: 09 December 2022; Ref: scu.83262
Fraudulent claim by asylum seeker did not destroy entire claim if genuine cause. Citations: Gazette 08-Nov-1995, Times 07-Nov-1995 Statutes: Convention and Protocol relating to the Status of Refugees 1951 Jurisdiction: England and Wales Immigration Updated: 09 December 2022; Ref: scu.83264
Citations: [2008] EWCA Crim 1761 Links: Bailii Statutes: Asylum and Immigration (Treatment of Claimants) Act 2004 2(1) Jurisdiction: England and Wales Crime Updated: 09 December 2022; Ref: scu.272557
Prosecution to protect defendant not available The claimants faced extradition to the US. They said that the respondent had infringed their human rights by deciding not to prosecute them in the UK. There was no mutuality in the Act under which they were to be extradited. Held: The Director had a discretion as to whether … Continue reading Bermingham and others v The Director of the Serious Fraud Office: QBD 21 Feb 2006
The applicant had failed to comply with the Rules in not using the form prescribed for appliying for leave to appeal against a special adjudicator’s decision to the Immigration Appeal Tribunal. The application, by letter, included all the relevant information required by the prescribed form except. The difference was in the absence of a statement … Continue reading Regina v Secretary of State for the Home Department Ex Parte Jeyeanthan; Ravichandran v Secretary of State for the Home Department: CA 21 May 1999
Appeal from dismissed of the appeal from the refusal of the Secretary of State for the Home Department to grant his application for asylum. The point of importance which is said to arise relates to what was said by this Court in Robinson [1997] Imm AR 94. In deciding whether it would be reasonable to … Continue reading Gnanam v Secretary of State for Home Department: CA 30 Apr 1999
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 … Continue reading Regina (on the application of Ouji) v Secretary of State for the Home Department: 2002
The dominant land at the time of sale contained a house ‘adapted for about twenty-five inmates, and only part of the drainage of the house rain into the ditch or moat’ on land retained by the vendor. The purchaser subsequently extended the house, ‘and turned it into a lunatic asylum in which 150 persons were … Continue reading Wood v Saunders: 1875
Test for police protection need The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2. Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s expectation being falsified either in one … Continue reading Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore: HL 1971
(Grand Chamber) The court had to decide whether tax proceedings brought by the state against an individual involved the determination of a civil right within the meaning of article 6(1). It was argued by the Government that the existence of an individual’s tax obligation to pay tax belonged exclusively to the realm of public law … Continue reading Ferrazzini v Italy: ECHR 12 Jul 2001
The claimants renewed their applications for leave to appeal against decisions of the Upper Tribunal Immigration and Asylum Chamber – possible test cases on the application of the ‘second-tier appeals test’ – refused Judges: Lord Neuberger MR, Sir Anthony May P, Carnwath LJ Citations: [2012] 1 WLR 73, [2011] EWCA Civ 988, [2011] Imm AR … Continue reading PR (Sri Lanka) and Others v Secretary of State for The Home Department: CA 11 Aug 2011
The claimant appealed against refusal of leave to enter and cancelling his leave to remain. He had made his claim on human rights grounds, saying that the refusal would split him from his wife. He had been told that he would have to renew his application from abroad. Held: Where a case was properly founded … Continue reading MA (Pakistan) v Secretary of State for the Home Department: CA 27 Jul 2009
The applicants were Christian Pakistanis. Their asylum claims having failed, they feared that if returned to Pakistan, they would be persecuted, and asked for their article 9 rights, saying that the flagrant denial test should not be applied, as this would fail to respect the primacy of the applicants’ religious rights. Held: The argument was … Continue reading Z and T v United Kingdom: ECHR 28 Feb 2006
Appeal against a reconsideration concluding that the Immigration Judge at the original appeal had made no error of law in his decision when he rejected the appellant’s asylum and human rights appeals and claim for humanitarian protection, and directed that the Immigration Judge’s determination of the appeal should stand. Citations: [2009] EWCA Civ 181 Links: … Continue reading SN (Pakistan) v Secretary of State for the Home Department: CA 21 Jan 2009
The defendant had been called to the bar but was not within any chambers and did not have a practising certificate and was not subject to the Bar’s disciplinary code. He was prosecuted for providing immigration and advice service and advice whilst unauthorised. Held: The intention of the Act was to ensure that only those … Continue reading K, Regina v: CACD 14 Aug 2008
In three linked cases, unaccompanied asylum-seeking children had had assistance with housing from the local social services authorities. They claimed entitlement to support as former relevant children under section 20. The local authorities argued that they had provided accommodation under section 17 rather than section 20 of the 1989 Act. Held: Once the section 20 … Continue reading H and others v London Borough of Wandsworth and others: Admn 23 Apr 2007
Whether submissions amounted to a fresh asylum claim. Judges: Lindsay J Citations: [2004] EWHC 584 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 05 December 2022; Ref: scu.263497
Application for judicial review of decision not to treat representations in asylum application as a fresh asylum claim. Citations: [2007] EWHC 1648 (Admin) Links: Bailii Jurisdiction: England and Wales Immigration Updated: 05 December 2022; Ref: scu.254609
Application for judicial review of a decision by the Secretary of State for the Home Department to refuse the claimant’s asylum and human rights claims and to certify those claims for the purposes of section 94 of The Nationality Immigration and Asylum Act 2002. Citations: [2003] EWHC 2045 (Admin) Links: Bailii Statutes: Nationality Immigration and … Continue reading Brown, Regina (on the Application of) v Secretary of State for the Home Department: Admn 18 Aug 2003
Depending always on the particular facts of the case, there might well be ‘an evidential burden on the Secretary of State to establish that [the asylum seeker] could safely be returned home.’ Citations: [1999] EWCA Civ 808, [1999] Imm AR 327 Jurisdiction: England and Wales Cited by: Cited – Hoxha and Another v Secretary of … Continue reading Secretary of State for Home Department v Arif: CA 17 Feb 1999
The application raised two issues: the Tribunal’s power to remit a case for rehearing by an adjudicator, and when an order made by a lone chairman of the Tribunal may be varied or set aside. The Tribunal only has the powers it is given. The two powers of remittal are not to be treated differently, … Continue reading Secretary of State for the Home Department v Immigration Appeal Tribunal: Admn 9 Apr 2001
Renewed application by MA for permission to appeal from rejection of claims for asylum and associated relief. Judges: Lord Justice Tuckey Citations: [2008] EWCA Civ 315 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 04 December 2022; Ref: scu.266787
B complained of the unreasonable length of time (32 months) for which had been detained pending deportation. Held: Mitting J said: ‘What Toulson LJ did not address, because it was not necessary to address it on the facts, was whether or not a period of detention initially lawful could become unlawful by reason of it … Continue reading Bashir, Regina (on the Application of) v Secretary of State for the Home Department: Admn 30 Nov 2007
Judicial review was requested of a decision of the Minister to declare a moratorium on the permitted transfer of certain fishing licences. Held: The request failed. Sedley J put forward a test for what makes a claim for a legitimate expextation: ‘These considerations, I think, bring one closer to some conceptual understanding of what makes … Continue reading Ex parte Hamble (Offshore) Fisheries Ltd: 1995
Miss NH is seeking asylum in this country in the light of the way she has been treated in her home country of Vietnam by reason of her adherence to the Quan Yin religion. Citations: [2008] EWCA Civ 338 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 30 November 2022; Ref: scu.266790
Renewed application for permission to appeal – rejected asylum claim Judges: Lord Justice Keene Citations: [2008] EWCA Civ 339 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 30 November 2022; Ref: scu.266788
Appeal against refusal of asylum claim. Claimant rendered stateless by former home country. Citations: [2007] EWCA Civ 1532 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 30 November 2022; Ref: scu.266563
Appeal against rejection of asylum claim. Delay of eight years in reaching decision. Citations: [2007] EWCA Civ 1535 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 30 November 2022; Ref: scu.266561
Difficult issue relating to the effect of adverse policy changes during the consideration of an asylum application. Citations: [2007] EWCA Civ 546, [2007] Imm AR 781, [2007] INLR 450, [2007] ACD 94 Links: Bailii Jurisdiction: England and Wales Immigration Updated: 30 November 2022; Ref: scu.253495
From refusal of entry clearance Judges: Ouseley J P Citations: [2004] UKIAT 00091, [2004] Imm AR 153 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Beoku Betts v Secretary of State for the Home Department HL 25-Jun-2008 The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought … Continue reading Starred SS (Eco, Article 8) Malaysia: IAT 29 Apr 2004
The claimant had been detained at 11.25pm. His detention was not reviewed by an inspector until 7.45am the next morning, although it had been considered in the interim at 1.45am by an officer of junior rank. The plaintiff sued for unlawful imprisonment for the period of 2 hours and 20 minutes from 5.25am (when the … Continue reading Roberts v Chief Constable of Cheshire Constabulary: CA 26 Jan 1999
ECHR Grand Chamber Article 37 Article 37-1 Striking out applications Application concerning absence of suspensive effect of application for judicial review of deportation order or of refusal of leave to remain: struck out following friendly settlement Article 13 Effective remedy Absence of suspensive effect of application to Aliens Appeals Board for judicial review of deportation … Continue reading SJ v Belgium (Striking Out): ECHR 19 Mar 2015
Where a person brings an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 and is then given leave to remain in the United Kingdom, the effect of section 104(4A) is to cause the appeal to be treated as abandoned (subject to section 104(4B)), whether or not the appeal was pending on … Continue reading Aziz (NIAA 2002 S 104(4A): Abandonment : Pakistan): UTIAC 14 Feb 2020
(1) Section 104(2) of the Nationality, Immigration and Asylum Act 2002 contains an exhaustive list of the circumstances in which an appeal under section 82(1) is not finally determined. (2) Although section 104(2) is describing situations in which an appeal is not to be regarded as finally determined, the corollary is that, where none of … Continue reading Niaz (Niaa 2002 S 104: Pending Appeal) Pakistan: UTIAC 25 Nov 2019
1. This country guidance applies to protection claims from Iranians who claim to have converted from Islam to Christianity. 2. Insofar as they relate to non-ethnic Christians, this decision replaces the country guidance decisions in FS and Others (Iran – Christian Converts) Iran CG [2004] UKIAT 00303 and SZ and JM (Christians – FS confirmed) … Continue reading PS (Christianity – Risk) Iran CG: UTIAC 20 Feb 2020
(1) A decision by the First-tier Tribunal not to decide a ground of appeal constitutes a ‘decision’ for the purposes of s.11(1) of the Tribunals, Courts and Enforcement Act 2007. It may therefore be appealed to the Upper Tribunal. (2) If an appellant’s appeal before the First-tier Tribunal succeeds on some grounds and fails on … Continue reading Smith (Appealable Decisions; PTA Requirements; Anonymity : Belgium): UTIAC 28 Jun 2019
