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
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
Minor Irregularity in Break Notice Not Fatal Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th January 1995, although the … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance: HL 21 May 1997
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
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
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
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
Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007
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
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
(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
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her presence here had come to be a criminal offence under the 1971 Act. Held: The authorities … Continue reading Mark v Mark: HL 30 Jun 2005
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct has been calculated by him to make a profit for himself which may … Continue reading Rookes v Barnard (No 1): HL 21 Jan 1964
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
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
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
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
Failure to Provide Signers was Discriminatory The claimant challenged the failure of the respondent to provide sign language interpreters to accompany public service broadcasts during the Covid pandemic. The parties agreed that the steps taken for later broadcasts had satisfied the requirements, but disagreed as to the need for continued review, the defendant saying that … Continue reading Rowley, Regina (on The Application of) v Minister for The Cabinet Office: Admn 28 Jul 2021
The defendant was convicted of the offence of overstaying the time given by his leave to enter the UK. He had made assorted applications for extended leave but they had been rejected. His conviction was overturned by the Divisional Court and remitted to the magistrates for them to determine whether he first became aware of … Continue reading Grant v Borg: HL 1982
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
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
(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
The respondent had suspended and revoked the licence of the claimant company to enrol non-EEA students on its courses. . .
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
The Court was asked as to: ‘the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points-based system of immigration control.’ The appellant’s license to sponsor . .
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
The claimant, from Ghana, had entered on a visitors visa, but had stayed on after its expiry. He said that he had not left because of his health. He returned to Ghana, and now sought to be re-admitted, the SSHD having granted a visa, but then . .
The claimant sought for damages for false imprisonment by virtue of the exercise of powers of detention by the Defendant under paragraph 2(3) of Schedule 3 to the Immigration Act 1971. . .
The court was asked ‘If bail is granted by the First Tier Tribunal on conditions, how long do these conditions last and does the Secretary of State or her immigration officers have authority to vary or relax those conditions?’
Held: Paragraph . .
The claimant having been released on licence from a prison sentence refused to comply with the conditions of his licence on the ground that he was entitled to be released unconditionally. He was returned to prison. The Divisional Court dismissed his . .
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 . .
The Secretary of State appealed an order requiring him to reconsider refusal of exceptional leave to remain. The applicant was an Iraqi Kurd. It was not possible to make immediate arrangements for repatriation after the order.
Held: The . .
The claimants alleged that their immigration detention had been unlawful.
Held: Collins J said: ‘Since the detention at least since 24 June 2002 was contrary to the defendant’s own policy as published in Chapter 38, it was unlawful. In so . .
. .
Allowing of appeal against conviction of assisting unlawful immigration to a member state contrary to section 25(1) of the Immigration Act 1971. . .
The appellant had been convicted of a sexual assault on a boy, and recommended for deportation on completion of his sentence. He had not however been served with notice of the possibility of such an order, as required by section 6 of the 1971 Act, . .
References: [1984] 1 AC 437, [1984] 2 WLR 660 Coram: Lord Diplock Ratio: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 reasonable grounds for suspicion, and that the … Continue reading Holgate-Mohammad v Duke, orse Mohammed-Holgate v Duke: HL 1984
