Search Results for: Immigration

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Begum, Regina (on The Application of) v Special Immigration Appeals Commission and Another: SC 26 Feb 2021

Judges: Lord Reed, President, Lord Hodge, Deputy President, Lady Black, Lord Lloyd-Jones, Lord Sales Citations: [2021] UKSC 7 Links: Bailii, Bailii Summary, Bailii Issues and Facts Jurisdiction: England and Wales Citing: At Admn – Begum v Secretary of State for The Home Department Admn 7-Feb-2020 Challenge to refusal of entry clearance to be allowed to … Continue reading Begum, Regina (on The Application of) v Special Immigration Appeals Commission and Another: SC 26 Feb 2021

Detention Action v First-Tier Tribunal (Immigration and Asylum Chamber) and Others: Admn 12 Jun 2015

Citations: [2015] EWHC 1689 (Admin) Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – The Lord Chancellor v Detention Action CA 29-Jul-2015 The claimant challenged the legality of the Fast Track Rules 2014 which govern appeals to the First-tier Tribunal (Immigration and Asylum Chamber) against refusals by the Secretary of State for the … Continue reading Detention Action v First-Tier Tribunal (Immigration and Asylum Chamber) and Others: Admn 12 Jun 2015

Regina (Karagoz) v Immigration Appeal Tribunal: QBD 12 May 2003

The asylum seeker appealed against a decision, saying the notice of hearing had not been received by him. The Immigration Appeal Tribunal rejected his appeal without consideration of his application on the merits and without giving him opportunity to be heard. The adjudicator said he had complied with the rules. Held: Neither the applicant nor … Continue reading Regina (Karagoz) v Immigration Appeal Tribunal: QBD 12 May 2003

V, Regina (on the Application of) v Asylum and Immigration Tribunal and Another: Admn 24 Jul 2009

The applicant was brought to this country as a baby, and his family had been granted indefinite leave to remain and or citizenship. Attaining adulthood, he appealed refusal of such status because of his criminal record. Judges: Hickinbottom J Citations: [2009] EWHC 1902 (Admin) Links: Bailii Immigration Updated: 30 July 2022; Ref: scu.361465

Choudhrey v Immigration Appeal Tribunal: Admn 1 Aug 2001

The applicant sought to review refusal of his request to appeal in turn the refusal of his request for asylum as an Ahmadi from Pakistan. He had twice been assaulted by a non-government racist group. There was legislation having the effect of discriminating against members of the applicant’s religion, but the adjudicator found no government … Continue reading Choudhrey v Immigration Appeal Tribunal: Admn 1 Aug 2001

Regina v Immigration Appeal Tribunal Ex Parte S: QBD 25 Feb 1998

Immigration Appeal Tribunal had duty to hear parties on a genuine appeal even though had failed to comply with earlier directions. Judges: Sullivan J Citations: Times 25-Feb-1998, [1998] EWHC Admin 154 Jurisdiction: England and Wales Citing: Cited – Dedman v British Building and Engineering Appliances CA 1973 The claimant sought to bring his claim under … Continue reading Regina v Immigration Appeal Tribunal Ex Parte S: QBD 25 Feb 1998

Alokpa and Moudoulou v Ministre Du Travail, De L’Emploi Et De L’Immigration: ECJ 10 Oct 2013

ECJ Citizenship of the Union – Articles 20 TFEU and 21 TFEU – Directive 2004/38/EC – Right of residence of a third-country national who is a direct relative in the ascending line of Union citizens who are minor children – Union citizens born in a Member State other than that of which they are nationals … Continue reading Alokpa and Moudoulou v Ministre Du Travail, De L’Emploi Et De L’Immigration: ECJ 10 Oct 2013

Ymeraga v Ministre Du Travail, De L’Emploi Et De L’Immigration: ECJ 8 May 2013

ECJ Citizenship of the Union – Article 20 TFEU – Right of residence of third-country nationals who are family members of a Union citizen who has not exercised his right of freedom of movement – Fundamental rights Judges: R. Silva de Lapuerta Rap P Citations: C-87/12, [2013] EUECJ C-87/12, ECLI:EU:C:2013:291, [2013] 3 CMLR 33 Links: … Continue reading Ymeraga v Ministre Du Travail, De L’Emploi Et De L’Immigration: ECJ 8 May 2013

A, Re Permission To Appeal Under Section 103(B) of the Nationality, Immigration and Asylum Act 2002: SCS 18 Nov 2008

Application for permission to appeal against a determination of the Asylum and Immigration Tribunal Judges: Lord Kingarth, Lord Carloway, Lord Marnoch Citations: [2008] ScotCS CSIH – 59, [2008] CSIH 59 Links: Bailii Statutes: Nationality, Immigration & Asylum Act 2002 103(B) Cited by: Leave – A v The Secretary of State for The Home Department SCS … Continue reading A, Re Permission To Appeal Under Section 103(B) of the Nationality, Immigration and Asylum Act 2002: SCS 18 Nov 2008

Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004

The applicants sought judicial review of the Immigration Appeal Tribunal’s refusal of leave to appeal. The court had to decide whether such a right survived section 101 of the 2001 Act. Held: The right to have a judicial review could only be removed by the clearest of words. A right remained, but it was severely … Continue reading Regina (G) v Immigration Appeal Tribunal; Regina (M) v Immigration Appeal Tribunal: Admn 25 Mar 2004

Regina v Immigration Appeal Tribunal ex parte Patel: HL 1988

The respondent, a stateless person with an identity certificate rather than a passport, had obtained entry clearance to the UK by falsely representing that he was a single man. Held: Where fraud has been exercised to obtain leave to enter that is a sufficient ground for exclusion of the fraudster from the United Kingdom on … Continue reading Regina v Immigration Appeal Tribunal ex parte Patel: HL 1988

Yarl’s Wood Immigration Ltd and others v Bedfordshire Police Authority: ComC 30 Sep 2008

The owners of the Yarslwood Immigration centre sought damages under the 1886 Act after a riot at the centre caused substantial damage. Held: The claim failed: ‘The fact that YWIL and GSL [the appellants] were acting as public authorities exercising coercive powers of the state in carrying out its public function in respect of the … Continue reading Yarl’s Wood Immigration Ltd and others v Bedfordshire Police Authority: ComC 30 Sep 2008

ID and others v The Home Office (BAIL for Immigration Detainees intervening): CA 27 Jan 2005

The claimants sought damages and other reliefs after being wrongfully detained by immigration officers for several days, during which they had been detained at a detention centre and left locked up when it burned down, being released only by other inmates. The respondent argued that immigration officers had immunity from suit. Held: Brooke LJ said … Continue reading ID and others v The Home Office (BAIL for Immigration Detainees intervening): CA 27 Jan 2005

Ahsak, Regina (on the Application of) v Immigration Appeal Tribunal: Admn 29 Oct 2002

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 … Continue reading Ahsak, Regina (on the Application of) v Immigration Appeal Tribunal: Admn 29 Oct 2002

Regina v Immigration Appeal Tribunal ex parte De Melo and ex parte De Araujo: Admn 19 Jul 1996

The court considered a fear of persecution as founding a claim for asylum where a family member attracts the adverse attention of the authorities, whether for non-Convention reasons or reasons unknown, and persecutory treatment is then directed to other family members. Held: ‘his family may form a particular social group within the meaning of the … Continue reading Regina v Immigration Appeal Tribunal ex parte De Melo and ex parte De Araujo: Admn 19 Jul 1996

Regina v Immigration Appeal Tribunal ex parte Ndongala: Admn 22 Jul 1996

Having failed in his application for asylum, the applicant renewed his application for judicial review of the decision to remove him back to Zaire. Held: The application sought in effect to request the court to find the President’s decision irrational for not considering a ground not put to him. Equally the court was not to … Continue reading Regina v Immigration Appeal Tribunal ex parte Ndongala: Admn 22 Jul 1996

The Secretary of State for The Home Department v The Special Immigration Appeals Commission and Others: Admn 1 May 2015

Judgment of the court necessitated by a disagreement as to the terms of the order which properly reflects both OPEN and CLOSED decisions handed down on 18 March 2015. Suffice to say that we have no doubt that the declaration which properly reflects the judgments of the court is: ‘It is declared that, on a … Continue reading The Secretary of State for The Home Department v The Special Immigration Appeals Commission and Others: Admn 1 May 2015

Regina v Immigration Appeal Tribunal, Ex Parte Toprak: Admn 31 Oct 1995

Application for judicial review of the decision of the Immigration Appeal Tribunal refusing the claimant leave to appeal against the decision of a special adjudicator who had dismissed his appeal against the Secretary of State’s refusal to grant him political asylum. The application raises a question about the time limit for the service of grounds … Continue reading Regina v Immigration Appeal Tribunal, Ex Parte Toprak: Admn 31 Oct 1995

AM (Cameroon), Regina (on the Application of) v Asylum and Immigration Tribunal: CA 21 Feb 2007

The asylum applicant sought judicial review of interlocutory decisions of an immigration judge. The defendant said that there was a statutory procedure and that therefore that had to be followed rather than judicial review. Held: The application could go ahead. The application raised an issue of considerable importance. secion 103A had been introduced to speed … Continue reading AM (Cameroon), Regina (on the Application of) v Asylum and Immigration Tribunal: CA 21 Feb 2007

Practice Note (Anonymisation In Asylum and Immigration Cases In the Court of Appeal): CA 31 Jul 2006

From October 2006, the names in cases involving asylum appeals will be anonymised, with a two character code, the country name, and a serial number as necessary. This would accord with practice in other European jurisdictions and would assist if eventually an applicant came to return to his home country. Citations: Times 24-Aug-2006, [2006] EWCA … Continue reading Practice Note (Anonymisation In Asylum and Immigration Cases In the Court of Appeal): CA 31 Jul 2006

Lekstaka, Regina (on the Application of) v Immigration Appeal Tribunal and Another: Admn 18 Apr 2005

Collins J said: ‘one is entitled to see, whether in all the circumstances, this case falls within the spirit of the Rules or the policies, even if not within the letter.’ Judges: Collins J Citations: [2005] EWHC 745 (Admin) Links: Bailii Cited by: Dicta approved – SB (Bangladesh) v Secretary of State for the Home … Continue reading Lekstaka, Regina (on the Application of) v Immigration Appeal Tribunal and Another: Admn 18 Apr 2005

Regina on the Application of M v Immigration Appeal Tribunal; Regina (G) v Immigration Appeal Tribunal: CA 16 Dec 2004

The appellants sought judicial review of the refusal of asylum. They sought leave to appeal to the Immigration Appeal Tribunal, but that had been refused. They then sought a statutory review by a judge of the Administrative division. That review also was refused. They complained that they had not been given an opportunity to make … Continue reading Regina on the Application of M v Immigration Appeal Tribunal; Regina (G) v Immigration Appeal Tribunal: CA 16 Dec 2004

Regina (Gashi) v Chief Immigration Adjudicator: QBD 17 Aug 2001

The applicant sought judicial review of a decision of the chief adjudicator refusing an appeal from a decision of the special adjudicator rejecting his asylum claim. His evidence had been rejected as inconsistent, but he claimed that this was due to an incompetent interpreter. The chief adjudicator had held that the competence of the interpreter … Continue reading Regina (Gashi) v Chief Immigration Adjudicator: QBD 17 Aug 2001

Singh v Immigration Appeal Tribunal: HL 26 Jun 1986

HL Immigration — Appeal — Deportation — Matters to be considered on appeal against deportation — Relevant factors and circumstances — Compassionate circumstances — Appellant illegally overstaying leave to enter — Appellant becoming valued member of Sikh community in United Kingdom — Whether effect of deportation on third party interests a relevant factor or circumstance … Continue reading Singh v Immigration Appeal Tribunal: HL 26 Jun 1986

Mohammed, Regina (on the Application of) v Immigration Appeal Tribunal and Another: CA 13 Dec 2002

Application for permission to appeal against a decision to refuse him permission to apply for judicial review of a decision by the Immigration Appeal Tribunal refusing him permission to appeal against a decision of a special adjudicator dismissing Mr Omar Mohammed’s appeal against a decision made on behalf of the Secretary of State to refuse … Continue reading Mohammed, Regina (on the Application of) v Immigration Appeal Tribunal and Another: CA 13 Dec 2002

Al-Sabah (Sheikh Mohammed Nasser) v Immigration Appeal Tribunal: CA 1992

The applicant, a Kuwaiti citizen of previous good character had been ordered to be deported after serving a sentence for drugs and dishonesty. He sought review of the IAT’s refusal of his appeal, arguing that Rule 162 of the 1983 rules required the Home Secretary to apply the same rules to both EC and non-EC … Continue reading Al-Sabah (Sheikh Mohammed Nasser) v Immigration Appeal Tribunal: CA 1992

Jeyapragash, Regina (on the Application Of) v Immigration Appeal Tribunal: CA 21 Sep 2004

The parties settled an immigration appeal in the last days before the date set for the hearing. Held: Parties should bear in mind the new Court of Appeal rules requiring documents to be lodged early, and for settlements to be agreed if possible early so that listing slots should not be lost. Representatives can expect … Continue reading Jeyapragash, Regina (on the Application Of) v Immigration Appeal Tribunal: CA 21 Sep 2004

Regina on the Application of Mondi Zeqaj v Immigration Appeal Tribunal: QBD 27 Jul 2004

Application for judicial review of a decision of the Immigration Appeal Tribunal refusing leave to appeal against the decision of an Adjudicator refusing the claimant’s appeal against the Secretary of State’s decision to reject his claim for asylum. Judges: Mr Justice Sullivan Citations: [2004] EWHC 1919 (Admin) Links: Bailii Immigration Updated: 11 June 2022; Ref: … Continue reading Regina on the Application of Mondi Zeqaj v Immigration Appeal Tribunal: QBD 27 Jul 2004

SH (Immigration Rule 57(Ii)(B), Student) Pakistan: IAT 28 Jul 2004

The Entry Clearance Office at Islamabad appealed to the Tribunal, with permission, from the Determination allowing the appeal by the Respondent against the ECO’s decision to refuse to grant to the Respondent leave to enter to the United Kingdom as a student. Judges: Huskinson VP J Citations: [2004] UKIAT 00211 Links: Bailii Immigration Updated: 11 … Continue reading SH (Immigration Rule 57(Ii)(B), Student) Pakistan: IAT 28 Jul 2004

Uzoechina v Immigration Advisory Service: EAT 16 Jan 2003

Citations: [2003] EAT 992 – 02 – 1601, [2003] UKEAT 992 – 02 – 1601 Links: Bailii, Bailii Jurisdiction: England and Wales Cited by: See Also – Uzoechina v Immigration Advisory Service EAT 20-Oct-2003 EAT Practice and Procedure – Costs . . Lists of cited by and citing cases may be incomplete. Employment Updated: 08 … Continue reading Uzoechina v Immigration Advisory Service: EAT 16 Jan 2003

Uzoechina v Immigration Advisory Service: EAT 20 Oct 2003

EAT Practice and Procedure – Costs Judges: His Hon Judge Clark Citations: EAT/108/03, EAT/992/02, [2003] EAT 0992 – 02 – 2010, [2003] UKEAT 0992 – 02 – 2010 Links: Bailii, Bailii Jurisdiction: England and Wales Citing: See Also – Uzoechina v Immigration Advisory Service EAT 16-Jan-2003 . . Lists of cited by and citing cases … Continue reading Uzoechina v Immigration Advisory Service: EAT 20 Oct 2003