Search Results for: Immigration Act 1971 21

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AM, Regina (on The Application of) v Secretary of State for The Home Department: CA 26 Apr 2012

AM claimed that she had been illegally detained, purportedly pursuant to paragraph 16(2) of the 1971 Act as an illegal immigrant pending removal. Rix, Moses LJJ, Briggs J [2012] EWCA Civ 521 Bailii Immigration Act 1971 16(2) England and Wales Cited by: Cited – KV (Sri Lanka) v Secretary of State for The Home Department … Continue reading AM, Regina (on The Application of) v Secretary of State for The Home Department: CA 26 Apr 2012

Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005

The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants asserted that a legitimate expectation had been created. Held: The abiding principle which underpins the legitimate expectation … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department: CA 22 Nov 2005

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

The defendant resisted extradition to Brussels saying that the offence had been committed in part in England. He had absconded and been convicted. Application was made for his return to serve his sentence. The offences associated with organisation of illegal immigration, fell within the European framework list, but section 65(2)(a) was not satisfied. Held: ‘the … Continue reading Office of the King’s Prosecutor, Brussels v Cando Armas and others: HL 17 Nov 2005

Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006

The defendants said that the stop and search powers granted under the 2000 Act were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue. An authorisation had been granted by an … Continue reading Gillan, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: HL 8 Mar 2006

In re S-C (Mental Patient: Habeas Corpus): CA 22 Nov 1995

The Court of Appeal issued habeas corpus because the applicant was committed to a mental institution pursuant to an application which was made by somebody who lacked the statutory authority to make it. The right of personal freedom is fundamental. In the mental health context, if someone is to be taken out of the community … Continue reading In re S-C (Mental Patient: Habeas Corpus): CA 22 Nov 1995

Rashid, Regina (on The Application of) v Secretary of State for The Home Department (IJR): UTIAC 2 Apr 2015

Judicial review of a decision of the respondent of 20 September 2013 rejecting an application he made on 8 August 2013 for leave to remain as a Tier 4 (General) Student. The respondent refused the application on the ground that the applicant had an outstanding appeal against an earlier decision of 14 January 2013 and … Continue reading Rashid, Regina (on The Application of) v Secretary of State for The Home Department (IJR): UTIAC 2 Apr 2015

AG, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 May 2015

‘This case concerns the legality of the authorisation and continuation of the detention of the Claimant, a Somali national, under administrative powers contained in sections 36(1)(a) and 36(2) of the UK Borders Act 2007 (the 2007 Act) and Schedule 3 paragraph (2)(3) of the Immigration Act 1971 (the 1971 Act) from 8 July 2010 to … Continue reading AG, Regina (on The Application of) v Secretary of State for The Home Department: Admn 20 May 2015

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Mohammed, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 19 Dec 2014

Claim for judicial review and a declaration that the claimant’s detention by the Secretary of State for the Home Department pursuant to the 1971 Act was unlawful and for damages for false imprisonment. Stephen Morris QC Dep HCJ [2014] EWHC 4317 (Admin) Bailii Immigration Act 1971 England and Wales Torts – Other Updated: 24 December … Continue reading Mohammed, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 19 Dec 2014

Ali, Regina (on The Application of) v Secretary of State for The Home Department (S3C Extended Leave: Invalidation) (IJR): UTIAC 8 Oct 2014

UTIAC Leave that has been extended by virtue of section 3C of the Immigration Act 1971 is invalidated by section 10(8) of the Immigration and Asylum Act 1999 where a decision is made under section 10 to remove the person having such leave. Lane UTJ [2014] UKUT 494 (IAC) Bailii England and Wales Immigration Updated: … Continue reading Ali, Regina (on The Application of) v Secretary of State for The Home Department (S3C Extended Leave: Invalidation) (IJR): UTIAC 8 Oct 2014

Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005

Castro and Another v Secretary of State for The Home Department (Removals: S47 (As Amended)) Philipines: UTIAC 12 May 2014

UTIAC In s.47 of the 2006 Act as amended by s.51 of the 2013 Act, sub-paragraphs (i) and (ii) of subsection (1A)(a) refer to the application, not the decision. A decision reported in the Notice of Decision in the form ‘the Secretary of State has decided that you should be removed’ is a decision of … Continue reading Castro and Another v Secretary of State for The Home Department (Removals: S47 (As Amended)) Philipines: UTIAC 12 May 2014

Regina v Secretary of State for the Home Department, Ex parte Zamir: QBD 14 Mar 1979

The applicant sought a writ of habeas corpus having been detained pending his removal after failing to disclose his subsquent marriage on entry under an entry certificate. Held: The request failed on the basis that entry had been obtained by a deception. Lord Widgery CJ, Cumming-Bruce LJ and Neill J [1979] QB 688, [1979] 2 … Continue reading Regina v Secretary of State for the Home Department, Ex parte Zamir: QBD 14 Mar 1979

Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983

The appellant Khera’s father had obtained leave to settle in the UK. The appellant obtained leave to join him, but did not disclose that he had married. After his entry his wife in turn sought to join him. The appellant was detained as an illegal immigrant. Held: The term ‘illegal immigrant’ included anyone entering unlawfully. … Continue reading Khera v Secretary of State for The Home Department; Khawaja v Secretary of State for The Home Department: HL 10 Feb 1983

Regina v Secretary of State for the Home Department, Ex parte Zamir: HL 17 Jul 1980

A person who obtained leave to enter, but did so by fraud, was an illegal entrant, on the basis that the fraud had the effect of vitiating the leave to enter which had been granted: ‘it is clear on general principles of law that deception may arise from conduct, or from conduct accompanied by silence … Continue reading Regina v Secretary of State for the Home Department, Ex parte Zamir: HL 17 Jul 1980

Winterwerp v The Netherlands: ECHR 24 Oct 1979

A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. Held: Article 5(1)(a) is concerned with the question whether the detention is permissible. Its object and … Continue reading Winterwerp v The Netherlands: ECHR 24 Oct 1979

Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: CA 10 Dec 2013

The appellant sought to challenge an order for his detention pending his deportation by the respondent. A national of a non EU state he had married an EU national resident in the UK. He had been convicted of offences here and detained pending deportation on grounds of publicpolicy. Held: the Court of Appeal dismissed the … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: CA 10 Dec 2013

Regina v Nazari: CACD 1980

The CACD heard several appeals together, giving guidance as to the general principles to be applied in deciding on recommendations for deportation under the Act. Lawton LJ said that ‘no court should make an order recommending deportation without making full enquiry into all the circumstances’, and gave guidance, according to the seriousness of the offence … Continue reading Regina v Nazari: CACD 1980

Regina v Pierre Bouchereau: ECJ 27 Oct 1977

ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part. Any action affecting the right of … Continue reading Regina v Pierre Bouchereau: ECJ 27 Oct 1977

Poonam v Secretary of State for The Home Department: QBD 18 Jul 2013

The claimant sought damages, alleging: ‘oppressive questioning, unlawful arrest, unlawful detention, unlawful search of her home, theft and / or failure to secure her home premises, and the wrongful declaration by the UKBA that she was an illegal migrant subject to removal under Immigration Act 1971 s.10 provisions’ and theft. The court now considered the … Continue reading Poonam v Secretary of State for The Home Department: QBD 18 Jul 2013

Pembele v Secretary of State for The Home Department (Paragraph 399(b)(i) – Valid Leave – Meaning) Democratic Republic of Congo: UTIAC 10 Jun 2013

UTIAC The term ‘valid leave’, as appears at paragraph 399(b)(i) of the Immigration Rules, means leave to enter or remain under the Immigration Act 1971. Periods of temporary admission cannot be counted when calculating whether a person has achieved the necessary 15 years residence under that rule. Kebede, Kopieczek, Reeds UTJJ [2013] UKUT 310 (IAC) … Continue reading Pembele v Secretary of State for The Home Department (Paragraph 399(b)(i) – Valid Leave – Meaning) Democratic Republic of Congo: UTIAC 10 Jun 2013

Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999

The three asylum seeker appellants arrived in the United Kingdom at different times in possession of false passports. They were prosecuted for possession or use of false documents contrary to section 5, and for obtaining air services by deception under the Criminal Attempts Act. At the time, their applications to be accorded refugee status had … Continue reading Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999

Liversidge v Sir John Anderson: HL 3 Nov 1941

The plaintiff sought damages for false imprisonment. The Secretary of State had refused to disclose certain documents. The question was as to the need for the defendant to justify the use of his powers by disclosing the documents. Held: The legislation must be interpreted to give effect to Parliament’s intention, even if that meant adding … Continue reading Liversidge v Sir John Anderson: HL 3 Nov 1941

Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

Alvi, Regina (on The Application of) v Secretary of State for The Home Department: SC 18 Jul 2012

The claimant had entered as a student, and then stayed under a work permit. New rules were brought in, and because his occupation as a physiotherapy assistant was not listed, he was not credited with sufficient points for a permit. The Court of Appeal upheld his claim saying that the use of a list not … Continue reading Alvi, Regina (on The Application of) v Secretary of State for The Home Department: SC 18 Jul 2012

Patel, Regina (on The Application of) v Secretary of State for The Home Department (S3C, : Simultaneous Application – Withdrawal) (IJR): UTIAC 6 May 2015

patelUTIAL201505 S.3C(4) of the Immigration Act 1971 prohibits an application for leave to remain that is made on the same day as, and even if said to be simultaneous with, the applicant’s withdrawal of his appeal before the First-tier Tribunal (Immigration and Asylum Chamber). Gill UTJ [2015] UKUT 273 (IAC) Bailii Immigration Act 1971 3C(4) … Continue reading Patel, Regina (on The Application of) v Secretary of State for The Home Department (S3C, : Simultaneous Application – Withdrawal) (IJR): UTIAC 6 May 2015

Dhall v Regina: CACD 27 Sep 2013

The appellant said that his conviction for assisting breaches of immigration law in his work as an immigration adviser by creating false documentation to support clients’ applications for extensions of leave to stay was not itself an allegation of facilitating breaches of ‘immigration law’, but rather of more general criminal offences. Held: The appeal was … Continue reading Dhall v Regina: CACD 27 Sep 2013

Saunders v The United Kingdom: ECHR 17 Dec 1996

(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international … Continue reading Saunders v The United Kingdom: ECHR 17 Dec 1996

Bank Mellat v HM Treasury: QBD 11 Jun 2010

The respondent had made an order under the Regulations restricting all persons from dealing with the the claimant bank. The bank applied to have the order set aside. Though the defendant originally believed that the Iranian government owned 80% of the shares, the figure was 20% and soon to be reduced to 15%. It said … Continue reading Bank Mellat v HM Treasury: QBD 11 Jun 2010

Secretary of State for the Home Department v Rehman: HL 11 Oct 2001

The applicant, a Pakistani national had entered the UK to act as a Muslim priest. The Home Secretary was satisfied that he was associated with a Muslim terrorist organisation, and refused indefinite leave to remain. The Home Secretary provided both open and closed statements to the tribunal. The open statement accepted that the organisation was … Continue reading Secretary of State for the Home Department v Rehman: HL 11 Oct 2001

Kuddus v Chief Constable of Leicestershire Constabulary: HL 7 Jun 2001

There is no rule of law preventing the award of exemplary damages against police officers. The fact that no case of misfeasance in public office had led to such awards before 1964, did not prevent such an award now. Although damages are generally not to be punitive, they might be so in appropriate cases. The … Continue reading Kuddus v Chief Constable of Leicestershire Constabulary: HL 7 Jun 2001

MC (Algeria), Regina (on The Application of) v Secretary of State for The Home Department: CA 31 Mar 2010

The claimant challenged his detention under the 1971 Act, now appealing against refusal of judicial review. His asylum claims had been rejected, and he had been convicted of various offences, including failures to answer bail. He had failed to report as required to comply with the deportation requirements. He had been transferred to a prison … Continue reading MC (Algeria), Regina (on The Application of) v Secretary of State for The Home Department: CA 31 Mar 2010

Ladd v Marshall: CA 29 Nov 1954

Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954

Holgate-Mohammed v Duke: HL 1984

A police officer had purported to arrest the plaintiff under the 1967 Act, suspecting her of theft. After interview she was released several hours later without charge. She sought damages alleging wrongful arrest. The judge had found that he had reasonable grounds for suspicion, and that the period of detention was not excessive. However the … Continue reading Holgate-Mohammed v Duke: HL 1984

Secretary of State for The Home Department v Boahen: CA 28 May 2010

The SSHD appealed against an order finding that its officer had acted without power in cancelling a valid visitor’s visa once granted. The officer had decided that the visit was not for the purpose stated. Held: The appeal succeeded. The paragraph of the rules quoted by the officer did not apply. The appellant then wrote … Continue reading Secretary of State for The Home Department v Boahen: CA 28 May 2010

SK (Zimbabwe) v Secretary of State for the Home Department: CA 6 Nov 2008

Immigration detention proper after prison release The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 Act. The court had found that the detention had … Continue reading SK (Zimbabwe) v Secretary of State for the Home Department: CA 6 Nov 2008

Reprieve and Others, Regina (on The Application of) v The Prime Minister: Admn 30 Jun 2020

Standing may not be enough for JR The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and rendition of detainees in the aftermath of events in the USA on 11 … Continue reading Reprieve and Others, Regina (on The Application of) v The Prime Minister: Admn 30 Jun 2020

George, Regina (on The Application of) v The Secretary of State for The Home Department: SC 14 Mar 2014

The court was asked: ‘If a criminal who previously had leave to remain in this country is liable to deportation because of his offences, but cannot actually be deported because to remove him would infringe his rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms, with the result that the … Continue reading George, Regina (on The Application of) v The Secretary of State for The Home Department: SC 14 Mar 2014

MH, Regina (on The Application of) v Secretary of State for The Home Department: CA 14 Oct 2010

The claimant complained that his administrative detention for over 40 months had been unlawful. He now appealed against a finding that it had been lawful save for the final two months. Held: The appeal failed. The period of time for which he had been held was very long. However the judge had correctly allowed for … Continue reading MH, Regina (on The Application of) v Secretary of State for The Home Department: CA 14 Oct 2010

MS (Palestinian Territories) v Secretary of State for the Home Department: CA 23 Jan 2009

The court was asked whether under the 2002 Act it is possible to challenge by way of appeal to the AIT an immigration decision under section 82(2)(h) to remove an illegal entrant, where the ground of appeal is an allegation that removal directions for the proposed country of return could not lawfully be made pursuant … Continue reading MS (Palestinian Territories) v Secretary of State for the Home Department: CA 23 Jan 2009

Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

There are no degrees of nullity The plaintiffs had owned mining property in Egypt. Their interests were damaged and or sequestrated and they sought compensation from the Respondent Commission. The plaintiffs brought an action for the declaration rejecting their claims was a nullity. The Commission replied that the courts were precluded from considering the question … Continue reading Anisminic Ltd v Foreign Compensation Commission: HL 17 Dec 1968

Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled. Held: The result was to leave the … Continue reading Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003

In re Racal Communications Ltd; In Re a Company: HL 3 Jul 1980

Court of Appeal’s powers limited to those Given The jurisdiction of the Court of Appeal is wholly statutory; it is appellate only. The court has no original jurisdiction. It has no jurisdiction itself to entertain any original application for judicial review; it has appellate jurisdiction over judgments and orders of the High Court made by … Continue reading In re Racal Communications Ltd; In Re a Company: HL 3 Jul 1980

Chahal v The United Kingdom: ECHR 15 Nov 1996

Proper Reply Opportunity Required on Deportation (Grand Chamber) The claimant was an Indian citizen who had been granted indefinite leave to remain in this country but whose activities as a Sikh separatist brought him to the notice of the authorities both in India and here. The Home Secretary of the day decided that he should … Continue reading Chahal v The United Kingdom: ECHR 15 Nov 1996

Wilson (NIAA Part 5A; Deportation Decisions): UTIAC 25 Nov 2020

Meaning of ’caused serious harm’ (A) section 117D(2)(b)(ii): ’caused serious harm’ The current case law on ’caused serious harm’ for the purposes of the expression ‘foreign criminal’ in Part 5A of the 2002 Act can be summarised as follows: (1) Whether P’s offence is ‘an offence that has caused serious harm’ within section 117D(2)(c)(ii) is … Continue reading Wilson (NIAA Part 5A; Deportation Decisions): UTIAC 25 Nov 2020

Secretary of State for The Home Department v Rahman: CA 15 Jul 2011

Several claimants challenged the withdrawal by the respondent of the seven year child concession policy, under which families who did not have leave to be in this country, but with children who had been in this country for 7 years were, save in exceptional circumstances, allowed to remain here. In each of these cases, it … Continue reading Secretary of State for The Home Department v Rahman: CA 15 Jul 2011

Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983

Unlawful Detention pending Deportation An offender had been recommended for deportation following conviction. He had served his sentence and would otherwise have been released on parole. He had no passport and no valid travel documents. He complained that the length of time for which he had then been detained was too long and that the … Continue reading Regina v Governor of Durham Prison, ex parte Hardial Singh: QBD 13 Dec 1983

CHH (Notices Regulations – Right of Appeal – Leave To Remain) Jamaica: UTIAC 28 Mar 2011

UTIAC A person under the Nationality, Immigration and Asylum Act 2002 who has under the statute, only a restricted right of appeal, has, by reason of the Immigration (Notices) Regulations 2003, a right of appeal that is unrestricted as to time.Where an appeal can only be brought on restricted grounds because of section 88 of … Continue reading CHH (Notices Regulations – Right of Appeal – Leave To Remain) Jamaica: UTIAC 28 Mar 2011

B, Regina (on The Application of) v Secretary of State for The Home Department (Recording of Leave – Date Stamps) (IJR): UTIAC 26 Feb 2016

UTIAC (1) The judgments of the Court of Appeal in R v Secretary of State for the Home Department ex parte Bagga [1991] 1 QB 485 are authority for the proposition that, if there is no practice on the part of the Secretary of State of using a date stamp to record the grant of … Continue reading B, Regina (on The Application of) v Secretary of State for The Home Department (Recording of Leave – Date Stamps) (IJR): UTIAC 26 Feb 2016

Rostami, Regina (on the Application of) v Secretary of State for the Home Department: QBD 7 Aug 2009

The claimant had been detained for nearly three years while his application for asylum was determined. He sought judicial review, saying that the detention was unlawful. Whilst in detention he had self harmed and said: ‘I will stay in detention for the rest of my life but I will not return to Iran as I … Continue reading Rostami, Regina (on the Application of) v Secretary of State for the Home Department: QBD 7 Aug 2009

Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014

Consultation requirements The claimant challenged a decision of the respondent reducing the benefits under the Council Tax Reduction Scheme reducing Council Tax for those in need, saying that the Council’s consultation had been inadequate. Held: The consultation was procedurally unfair because the consultation documentation gave a misleading impression in failing to mention other ways of … Continue reading Moseley, Regina (on The Application of) v London Borough of Haringey: SC 29 Oct 2014

Regina v Secretary of State for the Home Department Ex parte Saadi and others: HL 31 Oct 2002

The applicants were Kurdish asylum seekers. The Home Secretary introduced powers to detain certain asylum seekers for a short period in order to facilitate the speedy resolution of their applications. Only those who it was suspected might run away were detained. Held: The detention was short, and was justified by the need for speed. The … Continue reading Regina v Secretary of State for the Home Department Ex parte Saadi and others: HL 31 Oct 2002

Regina v Home Secretary, ex parte Sivakumaran: HL 16 Dec 1987

The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the Convention. Held: When deciding whether an asylum applicant’s fear of persecution was … Continue reading Regina v Home Secretary, ex parte Sivakumaran: HL 16 Dec 1987

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Odelola v Secretary of State for the Home Department: HL 20 May 2009

The appellant had applied for leave to remain as a postgraduate doctor. Before her application was determined, the rules changed. She said that her application should have been dealt with under the rules applicable at the time of her application. Held: The appeal failed. The decision was to be taken under the Rules applying at … Continue reading Odelola v Secretary of State for the Home Department: HL 20 May 2009

MJ (Angola) v Secretary of State for The Home Department: CA 20 May 2010

The applicant had been ordered to be deported and returned to Angola, but at the same time he was a detained mental patient. He argued that a return would breach his Article 8 rights. Held: The respondent was entitled to decide to deport the appellant notwithstanding that he was still subject to orders under sections … Continue reading MJ (Angola) v Secretary of State for The Home Department: CA 20 May 2010

A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009

The applicants sought asylum, and, saying that they were children under eighteen, sought also the assistance of the local authority. Social workers judged them to be over eighteen and assistance was declined. Held: The claimants’ appeals succeeded. The actual age of a party is an objective question of fact, and as such was for the … Continue reading A, Regina (on the Application of) v London Borough of Croydon: SC 26 Nov 2009

Saleh, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 5 Oct 2009

The claimant challenged his past and continuing detention pending deportation. He had a long series of convictions for dishonesty. Held: ‘it is indeed disconcerting to find that a non-violent person subject to immigration control has been in detention, when not serving any sentence of imprisonment, for over 12 months while his status is assessed and … Continue reading Saleh, Regina (On the Application of) v Secretary Of State for the Home Department: Admn 5 Oct 2009

Quila and Another v Secretary of State for The Home Department: Admn 7 Dec 2009

The claimant, a Chilean national, sought review of a decision not to allow him to stay in the UK as the husband of a British national. He said that the decision was based on him being under 21, and that this was discriminatory, and infringed his article 8 rights to respect for his private and … Continue reading Quila and Another v Secretary of State for The Home Department: Admn 7 Dec 2009

Bostridge v Oxleas NHS Foundation Trust: CA 10 Feb 2015

The claimant had been detained as a mental patient, but it was accepted that that detention had been unlawful as to over 400 days. The respondent argued that since he might have been detained in any event under other powers, he should receive only nominal damages. He now appealed asking for substantial damages. Held: The … Continue reading Bostridge v Oxleas NHS Foundation Trust: CA 10 Feb 2015

Murray v Ministry of Defence: HL 25 May 1988

The plaintiff complained that she had been wrongfully arrested by a soldier, since he had not given a proper reason for her detention. Held: The House accepted the existence of an implied power in a statute which would be necessary to ensure the safe and effective exercise of an express power. An unconscious or drugged … Continue reading Murray v Ministry of Defence: HL 25 May 1988

Secretary of State for The Home Department v Pankina: CA 23 Jun 2010

Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for staying. Held: The appeals succeeded. By 1969, immigration rules had by law shed the … Continue reading Secretary of State for The Home Department v Pankina: CA 23 Jun 2010

Munir and Another, Regina (on The Application of) v Secretary of State for The Home Department: SC 18 Jul 2012

The claimants were subject to deportation, but had settled here and begun a family. An earlier concession would have allowed him to stay, but it was withdrawn. The court was now asked whether statements by the Secretary of State of her policy as regards the granting of concessions outside the immigration rules and of their … Continue reading Munir and Another, Regina (on The Application of) v Secretary of State for The Home Department: SC 18 Jul 2012

Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000

The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000

London Borough of Hillingdon and Others, Regina (on the Application of) v The Lord Chancellor and others: Admn 6 Nov 2008

The claimant challenged the substantial increase in court fees in public law children cases in the Fees Orders. The respondent said that the orders were intended to reflect the true costs of such proceedings and that funding had been provided to local authorities to match the increases. The claimants said there had been inadequate consultation … Continue reading London Borough of Hillingdon and Others, Regina (on the Application of) v The Lord Chancellor and others: Admn 6 Nov 2008

Tan Te Lam v Superintendent of Tai A Chau Detention Centre: PC 27 Mar 1996

(Hong Kong) Migrants from Vietnam of Chinese ethnic origin had landed in Hong Kong by boat, and been refused refugee status. They were detained for several years under section 13D of the Immigration Ordinance ‘pending . . removal from Hong Kong’. However the Ordinance only permitted detention if the period of detention was ‘reasonable having … Continue reading Tan Te Lam v Superintendent of Tai A Chau Detention Centre: PC 27 Mar 1996

De Oliveira, Regina (on the Application of) v Secretary of State for the Home Department: Admn 9 Mar 2009

The claimant wished to be allowed to stay in the UK to complete her studies. The respondent said that her course did not meet the criteria, being for professional membership of the British Computer Society, and not at a formal degree level throughout. Held: The course if completed would lead to a degree level qualification. … Continue reading De Oliveira, Regina (on the Application of) v Secretary of State for the Home Department: Admn 9 Mar 2009

Christie v Leachinsky: HL 25 Mar 1947

Arrested Person must be told basis of the Arrest Police officers appealed against a finding of false imprisonment. The plaintiff had been arrested under the 1921 Act, but this provided no power of arrest (which the appellant knew). The officers might lawfully have arrested the plaintiff for the felony of stealing a bale of cloth, … Continue reading Christie v Leachinsky: HL 25 Mar 1947