The Home Secretary’s statement that he had no intention to seek the removal from this country of an asylum seeker did not operate to remove his right to persist with an appeal against refusal of refugee status. In the light of the Sad case, the appeal must be allowed to go ahead. The asylum claimant … Continue reading Regina on the Application of the Secretary of State for the Home Department v Immigration Appeal Tribunal; Regina on the Application of Hwez v Secretary of State for the Home Department and an Adjudicator: Admn 19 Dec 2001
Housing Review Standard – EU rules still applied The claimants challenged their housing as asylum seekers and victims of torture in former army barracks, saying that they were substandard. The Court was asked as to the correct method of review of adequacy after leaving the EU. Held: The claim succeeded. Linden J [2021] EWHC 1489 … Continue reading NB and Others, Regina (on The Application of) v Secretary of State for The Home Department: Admn 3 Jun 2021
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
The applicant children had been detained in immigration camps in Australia. They escaped and sought refuge in the British High Commission in Melbourne and claimed diplomatic asylum. They claimed in damages after being returned to the authorities in Australia. Held: Any threat to their safety was not sufficient to justify not returning them to the … Continue reading Regina on the Application of B and others v Secretary of State for the Foreign and Commonwealth Office: CA 18 Oct 2004
In order to prevent marriages of convenience in the UK the Secretary of State introduced a scheme under which certain persons subject to immigration control required her written permission to marry and would not receive it unless they were present in the UK pursuant to a grant of leave for more than six months of … Continue reading Baiai and others, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2008
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000
The claimants said it would be wrong to return them to Zimbabwe where they would be able to evade persecution only by pretending to a loyalty to, and enthusiasm for the current regime. Held: The Secretary of State’s appeals failed. The HJ principle applied. It was wrong to require someone with no political beliefs to … Continue reading RT (Zimbabwe) and Others v Secretary of State for The Home Department: SC 25 Jul 2012
The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the European Convention in that the decision maker was the Secretary … Continue reading V v The United Kingdom; T v The United Kingdom: ECHR 16 Dec 1999
The claimant said he had been assaulted by Iraqi police and contractors in Baghdad Airport whilst he was being forcibly returned there, and that the defendant had responsibility. He complained that about the failure of the IPCC to investigate his complaints. Held: The Regulations specifically excluded operations under Part 8 of the 1999 Act, and … Continue reading Salimi, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 1 Jul 2011
The appellant, a Palestinian, challenged the involvement of Lady Cosgrove as a judge in her case, saying that Lady Cosgrove’s involvement as a jew in pro-Jewish lobby organisations meant that there was an appearance of bias. The applicant had sought asylum, saying that she had fled Palestine after taking legal action against the president of … Continue reading Helow v Secretary of State for the Home Department and Another: HL 22 Oct 2008
The two applicants had been detained by the armed forces in Iraq suspected of murder. They sought release before being transferred to the civilian authorities for trial saying that the trials would not be fair. The respondent denied that the applicants were within the jurisdiction of the court for this purpose, but merely being held … Continue reading Al-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence: Admn 19 Dec 2008
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ … Continue reading Kadi v Council and Commission (Common Foreign and Security Policy): ECJ 16 Jan 2008
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
Bias may not be intentional The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim of victimisation contrary to section 2(1) of the 1976 Act, finding … Continue reading Swiggs and others v Nagarajan: HL 15 Jul 1999
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
Councillors Liable for Unlawful Purposes Use The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be unlawful and leave the authority unable to meet … Continue reading Porter and Weeks v Magill: HL 13 Dec 2001
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
An undisclosed principal will not be permitted to claim to be party to a contract if this is contrary to the terms of the contract itself. Thus the provision in the standard form B contract of the London Metal Exchange ‘this contract is made between ourselves and yourselves as principals, we alone being liable to … Continue reading JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry: HL 1989
The court was asked as to the respective duties of the Secretary of State and the First-tier Tribunal, on an appeal against refusal of an application to vary leave to enter or remain under the Immigration Act 1971, and more particularly as to the . .
The applicant had claimed asylum on entry and was temporarily admitted. Though his claim for asylum was later refused, those admitted in this way were granted indefinite leave to remain. He had claimed and received benefits at first, but then these . .
(Interim Judgment) The respondent asylum seekers had been rescued in the Mediterranean and taken to an RAF base in Akrotiri on Cyprus, a sovereign base area. The court was now asked whether they were entitled, or should be permitted, to be resettled . .
Parties challenged the rule allowing the respondent to deny the right to enter or remain here to non EU citizens marrying a person settled and present here where either party was under the age of 21. The aim of the rule was to deter forced . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
The applicants challenged certificates from the respondent that their appeals were mere delaying tactice.
Held: The section aimed to grant specific rights of appeal, to ensure that all possible appeal issues were decided, and to prevent abuse. . .
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 . .
References: [1999] EWCA Civ 3010, [2000] 1 WLR 354, [1999] 3 All ER 231, [2000] Imm AR 10, [1999] INLR 241 Links: Bailii Coram: Lord Woolf MR Ratio:An appellant failed to use the prescribed form for his appeal, contrary to the Immigration Appeals (Procedure) Rules. There had not been substantial compliance with the Rules, although … Continue reading Jeyeanthan, Regina (on the Application of) v Secretary of State for the Home Department Respondent: CA 21 May 1999
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AIT Section 10 of the Immigration and Asylum Act 1999 has no application to an illegal entrant to the United Kingdom and hence, as a consequence, neither does paragraph 395 of HC 395. . .
AIT A decision under section 10 of the Immigration and Asylum Act 1999 that involves the invalidation of any leave to enter or remain is to be treated for the purposes of the 2002 Act as a curtailment of that . .
Challenge to a decision of the Secretary of State by which he certified the claimant’s appeal under the Human Rights Act 1998 as manifestly unfounded pursuant to section 72(2)(a) of the Immigration and Asylum Act 1999. . .
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 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 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
The applicant had been granted leave to enter the UK as a student. He challenged by way of review a decision to curtail that leave. He had taken part time work. Held: The decision to revoke the leave was unlawful. The statement said that he had been given leave to enter the country as a … Continue reading Kan Zhou v Secretary of State for the Home Department: CA 31 Jan 2003
Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was provided accommodation by NASS, but was unhappy with it and sought … Continue reading Regina (on the Application of Mani) v London Borough of Lambeth: CA 9 Jul 2003
The defendant appealed against his conviction in a case concerning the use of a false passport. The central issue was whether the appellant had a defence based upon the proposition that he was a refugee entitled to asylum in this country. He had been deported to Jamaica, but returned with a forged passport which was … Continue reading Evans, Regina v: CACD 23 Jan 2013
The applicants were asylum seekers, but also had disabilities, and sought housing assistance from the local authorities. The authorities replied that they had no duty to provide housing because of the Immigration Act. Held: The 1948 Act provided care where no other was available. The need for rehousing here arose in part from the applicant’s … Continue reading Regina (Mani) v Lambeth London Borough Council, Regina (Tasci) v Enfield London Borough Council, Regina (J) v Same: Admn 18 Apr 2002
UTIAC (Entitlement To Represent: S.84) Bangladesh – (1) Section 84(1) of the Immigration and Asylum Act 1999 provides that no person may provide immigration advice or immigration services unless he is a qualified person.(2) Section 82(2) provides that references to the provision of immigration advice or immigration services are to the provision of such advice … Continue reading RK v Secretary of State for the Home Department: UTIAC 5 Oct 2011
UTIAC (Limited Leave : Meaning) Pakistan – ‘Limited leave’ under s. 10(i)(a) of the Immigration and Asylum Act 1999 includes leave under s. 3C of the Immigration Act 1971. Judges: C M G Ockleton VP Citations: [2011] UKUT 410 (IAC) Links: Bailii Statutes: Immigration Act 1971 3C, Immigration and Asylum Act 1999 10(i)(a) Jurisdiction: England … Continue reading Kishver v Secretary of State for the Home Department: UTIAC 5 Oct 2011
The claimant was subject to immigration control. He sought assistance under the 1948 Act on the basis that he suffered HIV. The authority appealed an order requiring them to provide assistance on the basis that he need for medication brought him within the section. Held: The authority’s appeal was dismissed. Care and attention could extend … Continue reading Slough Borough Council v M, Regina (on the Application Of): CA 25 May 2006
Section 87(1) of the Nationality, Immigration and Asylum Act 2002 permits the Tribunal to give a direction for the purpose of giving effect to its decision and is a broader power than paragraph 21 (5) of Schedule 4 to the Immigration and Asylum Act 1999 where the direction must be ‘necessary’ In an entry clearance … Continue reading SP (Allowed Appeal Directions) South Africa: UTIAC 17 Mar 2011
Richards LJ said: ‘There is no dispute about the test to be applied by the Secretary of State in determining whether the respondent’s claim was ‘clearly unfounded’ within section 93(2) (b) of the 2002 Act. In relation to the same statutory language in section 115 of the 2002 Act, it was held in R (L) … Continue reading Tozlukaya v Secretary of State for the Home Department: CA 11 Apr 2006
Judges: Pill, Lloyd, Rimer LJJ Citations: [2011] EWCA Civ 276 Links: Bailii Statutes: Immigration and Asylum Act 1999 4 Jurisdiction: England and Wales Immigration Updated: 03 September 2022; Ref: scu.430647
This application concerns the responsibility of the Secretary of State for the Home Department to provide, or arrange for the provision of, support for asylum seekers and their dependants. Specifically whether the Immigration and Asylum Act 1999 section 95 confers upon her an obligation to provide a bail address for a person applying for immigration … Continue reading Messaoud, Regina (on The Application of) v Secretary of State for The Home Department: Admn 5 Nov 2019
The defendant, an Ethiopian arrived in the UK on a forged passport. She came through immigration control at Heathrow, but then on the same day sought to leave to fly to the US. At that point she was arrested. She now appealed her conviction for attempting to obtain service by deception. Citations: [2006] EWCA Crim … Continue reading Regina v Asfaw: CACD 21 Mar 2006
Judges: Lord Mackay Of Drumadoon And Lord Macfadyen And Lord Marnoch Citations: [2004] ScotCS 76 Links: Bailii Statutes: Immigration and Asylum Act 1999 Jurisdiction: Scotland Immigration Updated: 21 July 2022; Ref: scu.195160
SSHD’s failure to comply with mandatory injunction Judges: Chamberlain J Citations: [2021] EWHC 240 (Admin) Links: Bailii Statutes: Immigration and Asylum Act 1999 4 Jurisdiction: England and Wales Immigration, Housing Updated: 19 July 2022; Ref: scu.658039
The claimant challenged the order for his administrative removal. He and the Home Secretary disputed his true identity. Citations: [2008] EWHC 2002 (Admin) Links: Bailii Statutes: Immigration and Asylum Act 1999 Jurisdiction: England and Wales Immigration Updated: 19 July 2022; Ref: scu.272758
The appellant had fled Zimbabwe. Though her asylum application was refused, she was not returned for the temporary suspension of such orders to Zimbabwe. In the meantime she married and had a child. She now appealed an order for her removal citing human rights grounds. The respondent had a policy that the applicant must return … Continue reading Chikwamba v Secretary of State for the Home Department: HL 25 Jun 2008
The claimant challenged the respondent’s certificate that his appeal was manifestly unfounded. Held: The certificate was wrongly given. Judges: Richards J Citations: [2002] EWHC 2554 (Admin) Statutes: Immigration and Asylum Act 1999 72(2)(a) Jurisdiction: England and Wales Cited by: Appeal from – Secretary of State for the Home Department, Regina on the Application of Soumahoro; … Continue reading Razgar, Regina (on the Application of) v Secretary of State for the Home Department: Admn 2002
The applicant was a Serb from Croatia whose application for asylum was refused. On appeal to an adjudicator he also raised human rights issues but his appeal was dismissed. He later applied again for leave to remain on the basis of his relationship with a woman (invoking Article 8 of the European Convention) and by … Continue reading Regina (Vemenac) v Secretary of State for the Home Department: Admn 17 Jul 2002
The defendant appealed his conviction for providing immigration services when not qualified to do so. Citations: [2008] EWCA Crim 651 Links: Bailii Statutes: Immigration and Asylum Act 1999 91 Jurisdiction: England and Wales Citing: Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935 Golden Thread of British Justice – Proof of IntentThe appellant had … Continue reading Clarke v Regina: CACD 23 Apr 2008
Application for judicial review by the claimant of the defendant’s decision, on 8 April 2008, to remove him from the UK to Pakistan Judges: Stewart QC HHJ Citations: [2009] EWHC 357 (Admin) Links: Bailii Statutes: Immigration and Asylum Act 1999 10(1) Jurisdiction: England and Wales Immigration Updated: 10 July 2022; Ref: scu.314289
The applicant was an asylum seeker reliant upon the respondent for housing, being otherwise destitute. She sought housing which would not split up her extended family. She claimed that the regulations excluded from the respondent’s decision making process an element, her right to respect for family life, which he was obliged under the Convention to … Continue reading Hetoja, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 24 Oct 2002
The House was asked whether an asylum applicant whose original application was determined in Scotland, but his application for leave to appeal rejected in London, should apply to challenge those decisions in London or in Scotland. Held: Such an application must be heard in Scotland save only in exceptional circumstances. The appropriate forum would be … Continue reading Tehrani v Secretary of State for the Home Department: HL 18 Oct 2006
The defendant appealed her conviction for using a false instrument (a passport) intending someone else to accept it as genuine. Held: Once she had brought forward sufficient evidence to support a claim to asylum status, it was then for the prosecution to prove that she was not a refugee. The remaining elements of the defence … Continue reading Regina v Makuwa: CACD 23 Feb 2006
The appellant had entered the UK as a visitor on regular occasions and latterly had used false passport. She was then convicted of supplying Class A drugs, and ordered to be deported. She had children who also were in the UK, and did not wish to be separated from them, and was afraid of violence … Continue reading McPherson v Secretary of State for the Home Department: CA 19 Dec 2001
Application for permission to appeal – whether 1999 Regulations were ultra vires. Citations: [2002] EWCA Civ 1451 Links: Bailii Statutes: Asylum Support (Interim Provisions) Regulations 1999, Immigration and Asylum Act 1999 Jurisdiction: England and Wales Immigration Updated: 01 July 2022; Ref: scu.217742
The applicants were asylum seekers. They were made subject to certificates issued by the Secretary of State which would require refoulement, for them to be returned to the country into which they first made their escape for their application for asylum to ?e considered. They complained particularly that Germany was not a safe country to … Continue reading Mohammad, Manoharan, Sakhee, Yogarajah v The Secretary of State for the Home Department: QBD 24 Jan 2002
The claimant was stopped when boarding a flight to Canada, having previously stopped in France and Italy. He bore a false Swedish passport, and intended to claim asylum in Canada. He now claimed the benefit of the article 31 (per Adimi), to defend a prosecution under the 1981 Act for using a false instrument. Held: … Continue reading Regina (on the Application of Gjovalin Pepushi) v Crown Prosecution Service: Admn 11 May 2004
The court considered the duties of local authorities to support infirm asylum seekers with children. Held: The authority had an obligation to support the adult, but the responsibility for the children fell on the National Asylum Support Service. Judges: Lord Justice Rix, LCJ, Lord Justice Carnwath Citations: [2004] EWCA Civ 535, Times 27-May-2004, [2004] 2 … Continue reading Regina, ex parte O v The London Borough of Haringey, The Secretary of State for the Home Department: CA 4 May 2004
The applicant challenged the decision of the Immigration Appeal Tribunal which had reversed a decision of an adjudicator and restored the Secretary of state’s decision to deport her. Held: The adjudicator’s decision was acknowledged to be proportionate, and struck a fair balance for the parties. As such it could not be overturned by the IAT. … Continue reading Edore v The Secretary of State for the Home Department: CA 23 May 2003
The applicant sought admission to the UK. In the past he had made utterances which were capable of being racist. He claimed to have recanted, and had given undertakings as to his behaviour. At first instance it was held that the Home Secretary had failed to demonstrate an objective reason for refusing admission. It was … Continue reading Farrakhan, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Apr 2002
The claimant applied to be housed as a homeless person. The authority sought to refer him to a different authority under s198. As an asylum seeker, he had been given assistance both in Portsmouth and Southampton before coming to Ipswich. He said that he had not gone to Southampton freely, but had been placed there … Continue reading Ozbek v Ispwich Borough Council: CA 4 May 2006
The appellant challenged an order denying him asylum and for his return to Pakistan. He said that his return would infringe his human rights be exposing him to denial of his rights to freedom of thought and religious belief. Held: The considerations under article 9 were the same as those already expounded by the court … Continue reading Regina (Ullah) v Special Adjudicator: Admn 16 Jul 2002
The applicant sought review of the authority’s decision not to offer her housing. She was subject to immigration control. She had been the victim of domestic violence and of abduction. Held: The authority could provide assistance under either Act, unless prohibited by statute. The limitation in the 1948 statute did apply to restrict the authority’s … Continue reading Regina (Khan) v Oxfordshire County Council: QBD 4 Oct 2002
The court considered the defence available to a refugee under the 1999 Act when charged with the offence of having in his possession or under his control an identity document that either to his knowledge or belief is false, or to his knowledge or belief was improperly obtained or that relates to someone else. Held: … Continue reading Regina v Mohamed: CACD 19 Oct 2010
The Claimant was a Tamil from Sri Lanka claiming asylum. He was married in 1991; his wife was also Tamil. In 1995 his claim for asylum in Germany failed. What then happened was disputed. The Claimant said that he voluntarily returned to Sri Lanka, where he was imprisoned and tortured; that his wife procured his … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department: Admn 2 Dec 2002
New regulations created a system under which applicants for asylum could be deprived of all benefits on the decision of an asylum support adjudicator. That person was appointed by the Home Secretary, and it was alleged was not impartial. It was argued that the system was dispensing discretionary benefits, and not rights, and that a … Continue reading Regina (on the Application of Husain) v Secretary of State for the Home Department: QBD 5 Oct 2001
The Claimant seeks to challenge the failure of the Defendant to provide him with accommodation under section 4 of the Immigration and Asylum Act 1999 so as to enable his release on bail from immigration detention. Citations: [2018] EWHC 1549 (Admin) Links: Bailii Jurisdiction: England and Wales Housing, Immigration Updated: 24 April 2022; Ref: scu.618414
The airline complained of the imposition on it of liability carrying passengers without an entry visa. He had produced a residence card for Austria. The appeal failed. Under the Directive, a valid card must bear the words ‘Residence card of a family member of a Union citizen’ or a translated version. A card of the … Continue reading Ryanair Ltd v Secretary of State for The Home Department: CA 24 Apr 2018
Challenges to decisions of the Secretary of State as to a decision under section 10 of the the 1999 Act to remove the Claimant from the United Kingdom and which accords to the Claimant only an out-of-country right of appeal; a decision to detain him pending his removal, and a decision consequential upon the section … Continue reading Khan, Regina (on The Application of) v Secretary of State for The Home Department: Admn 23 Jul 2014
Judges: The Vice President (Lord Justice Hughes) Mr Justice Ramsey Mr Justice Irwin Citations: [2012] EWCA Crim 2565, [2012] WLR(D) 347 Links: Bailii, WLRD Statutes: Immigration and Asylum Act 1999 31 Jurisdiction: England and Wales Crime Updated: 09 April 2022; Ref: scu.467634
The applicants had each entered the UK with a view to seeking asylum, but having failed to seek asylum immediately, they had been refused any assistance, were not allowed to work and so had been left destitute. Each had claimed asylum on the day following their arrival. Held: The appeal by the Secretary of State … Continue reading Adam, Regina (on the Application of) v Secretary of State for the Home Department; Limbuela v Same; Tesema v Same: HL 3 Nov 2005
The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an order returning him to Sierra Leone would impinge on their right to family … Continue reading Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008
Appeal against the imposition of a civil penalty on the appellant by the Secretary of State pursuant to the provisions of the 1999 Act on the grounds that, upon arrival of one its vehicles at the international Royal Mail depot at Langley, Berkshire, six ‘clandestine entrants’ (as per the relevant statutory language, but in the … Continue reading Bolle Transport Bv v Secretary of State for The Home Department: CA 27 Jul 2016
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
Judicial review as to (a) whether the detention of the claimant had lasted too long and so become unlawful and (b) whether the defendant unlawfully failed to provide him with accommodation under section 4(1)(c) of the Kerr J [2015] EWHC 54 (Admin), [2016] WLR(D) 30 Bailii, WLRD Immigration and Asylum Act 1999 4(1)(c) Immigration, Torts … Continue reading Machnikowski v The Secretary of State for The Home Department: Admn 22 Jan 2016
The Claimant seeks judicial review of decisions of the Secretary of State relating to the provision of accommodation under Section 95 of the 1999 Act and the refusal of the Claimant’s request for travel expenses in order to assist him in visiting his son in Canterbury, his accommodation being near Portsmouth. Michael Kent QC HHJ … Continue reading MG, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 5 Nov 2015
Mitting J [2003] EWHC 1183 (Admin) Bailii Immigration and Asylum Act 1999 73(8) England and Wales Citing: Disapproved – Regina (Vemenac) v Secretary of State for the Home Department Admn 17-Jul-2002 The applicant was a Serb from Croatia whose application for asylum was refused. On appeal to an adjudicator he also raised human rights issues … Continue reading Balamurali, Regina (on the Application Of) v Secretary of State for the Home Department: Admn 9 May 2003
Judicial review of a decision to remove the applicant from the UK pursuant to Section 10 of the Immigration and Asylum Act 1999. Coker UTJ [2015] UKUT 268 (IAC) Bailii Immigration and Asylum Act 1999 10 England and Wales Immigration Updated: 30 December 2021; Ref: scu.547337
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
The defendants appealed sentences of 7.5 and 3 years for conspiracy to facilitate illegal immigration. They had hired lorries with a view to bringing people in It was submitted that the sentences were outside the powers under the Act. The sentence had been increased to ten years. The conspiracy extended over the point where the … Continue reading Regina v Hobbs, Hobbs, Hobbs, Charge: CACD 14 Feb 2002
Appeal brought with permission against a decision of the Immigration Appeal Tribunal to the effect that the appellant’s appeal to the IAT fell to be treated as abandoned by force of section 58(9) of the Immigration and Asylum Act 1999. Lord Justice Pill, Lord Justice Laws, Lady Justice Arden [2003] EWCA Civ 542 Bailii Immigration … Continue reading Kanyenkiko v Secretary of State for the Home Department: CA 25 Feb 2003
The claimant challenged being charged with an offence under the 2006 Act, saying that it engaged and interfered with her Article 8 Human Rights. A Somali national, she fled, claiming asylum here, but her travel documents were found to be false. All agreed that she could not have obtained valid documents in Somalia. Held: Her … Continue reading SXH v Crown Prosecution Service: CA 6 Feb 2014
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
The claimant challenged fines imposed on him after three illegal immigrants were found to have hidden in his lorry in the immigration control zone at Dunkirk. The 1999 At was to have been amended by the 2002 Act, and the implementation was by the 2002 Order. That Order was now said to be ineffective. Held: … Continue reading Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014
The applicants were asylum seekers who had been ordered to be returned to Germany, the country to which they had first escaped, for their asylum claims to be dealt with. They objected, asserting that Germany would not deal with their applications in a way which complied with the Convention. Held: Germany did apply the convention … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Thangarasa; Same Ex parte Yogathas: HL 17 Oct 2002
The House considered the point of law: ‘If a defendant is charged with an offence not specified in section 31(3) of the Immigration and Asylum Act 1999, to what extent is he entitled to rely on the protections afforded by article 31 of the 1951 United Nations Convention Relating to the Status of Refugees?’ The … Continue reading Regina v Fregenet Asfaw: HL 21 May 2008
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 transport company challenged fines imposed on it after three Afghan nationals were found to have stowed on its trucks entering the UK. Gloster, King, Simon LJJ [2016] EWCA Civ 394 Bailii Immigration and Asylum Act 1999 32 34 England and Wales Transport Updated: 01 November 2021; Ref: scu.562155
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was manifestly unfounded. Held: Mental health was part of the respect for private life protected by article 8. … Continue reading Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004
Challenge to immigration detention . .
The Court was asked: ‘Does a decision by a public prosecutor to bring criminal proceedings against a person fall potentially within the scope of article 8 of the European Convention on Human Rights in circumstances where a) the prosecutor has . .
AIT ‘The appellant is the Secretary of State for the Home Department . . The respondent is a citizen of Iran . . The Secretary of State has been given permission to appeal the determination of First-Tier Tribunal . .
The applicant a native of Cameroon, had sought asylum. He was refused. His appeal to an adjudicator was dismissed, and directions for his removal were given. Some months later his solicitors submitted what they said was new evidence. They asked for . .
