Search Results for: Art 24 EC

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Department of Trade and Industry (Decision Notice): ICO 24 Nov 2005

The complainant requested copies of various bankruptcy orders, to which the public authorities informed the complainant that the information was not held. The Commissioner is satisfied that this was communicated to the complainant and furthermore, that the duty to advise and assist under section 16 was adhered to. FOI 1: Not upheld Citations: [2005] UKICO … Continue reading Department of Trade and Industry (Decision Notice): ICO 24 Nov 2005

RN, Regina (on The Application of) v Secretary of State for The Home Department (Paragraph 245Aaa): UTIAC 12 Jan 2017

(i) On a proper construction of paragraph 245AAA(a)(i) of HC 395, an absence from the United Kingdom for a period of more than 180 days in one of the relevant 12 month periods will entail a failure to satisfy the requirements of paragraph 245CD. (ii) The term ‘residence’ in paragraph 245AAA(a) is to be equated … Continue reading RN, Regina (on The Application of) v Secretary of State for The Home Department (Paragraph 245Aaa): UTIAC 12 Jan 2017

Abdul (Section 55 – Article 24, Charter : Nigeria): UTIAC 13 Jan 2016

(i) There is no hierarchy of weight or importance in the various considerations recited in regulation 21(6) of the EEA Regulations. The weight to be attributed to each factor will vary according to the fact sensitive context of the individual case. (ii) Where it is contended that the decision maker and/or the First-tier Tribunal (FtT) … Continue reading Abdul (Section 55 – Article 24, Charter : Nigeria): UTIAC 13 Jan 2016

Akhalu (Health Claim: Echr Article 8) Nigeria: UTIAC 24 Jul 2013

(1) MM (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 279 does not establish that a claimant is disqualified from accessing the protection of article 8 where an aspect of her claim is a difficulty or inability to access health care in her country of nationality unless, possibly, her private or … Continue reading Akhalu (Health Claim: Echr Article 8) Nigeria: UTIAC 24 Jul 2013

Aitjilal, Regina (on The Application of) v Secretary of State for The Home Department (EEA Regulations – Deportation – Reassessment – Regulation 24): UTIAC 9 Dec 2016

UTIAC Neither a decision to make a deportation order nor a notice of intention to make a deportation order triggers the two year period specified in regulation 24(5) of the EEA Regulations. The two year period begins upon the making of the deportation order itself. Citations: [2016] UKUT 563 (IAC) Links: Bailii Jurisdiction: England and … Continue reading Aitjilal, Regina (on The Application of) v Secretary of State for The Home Department (EEA Regulations – Deportation – Reassessment – Regulation 24): UTIAC 9 Dec 2016

Ghulam and Others, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 24 Oct 2016

Three conjoined claims for judicial review challenging decisions by the Secretary of State setting the level of weekly support payments to asylum seekers pursuant to sections 95 to 98 of the Immigration and Asylum Act 1999 Flaux J [2016] EWHC 2639 (Admin) Bailii England and Wales Benefits, Immigration Updated: 24 January 2022; Ref: scu.570547

MK and IKR, Regina (on The Application of) v Secretary of State for The Home Department: UTIAC 24 May 2016

UTIAC Calais; Dublin Regulation – Investigative Duty – (IJR) (i) In making a decision whether to accept a ‘take charge’ request under the Dublin Regulation, the Secretary of State is obliged to take all material considerations into account and to comply with the ‘Tameside’ duty of enquiry. (ii) The Dublin Regulation and its sister instrument, … Continue reading MK and IKR, Regina (on The Application of) v Secretary of State for The Home Department: UTIAC 24 May 2016

AT and Another (Article 8 ECHR – Child Refugee – Family Reunification : Eritrea): UTIAC 24 Mar 2016

UTIAC While the Immigration Rules make no provision for family reunification in the United Kingdom in the case of a child who has been granted asylum, a refusal to permit the family members of such child to enter and remain in the United Kingdom may constitute a disproportionate breach of the right to respect for … Continue reading AT and Another (Article 8 ECHR – Child Refugee – Family Reunification : Eritrea): UTIAC 24 Mar 2016

Regina v Ministry of Agriculture, Fisheries and Food, ex parte Dennis Clifford Bostock: ECJ 24 Mar 1994

1. The requirements flowing from the protection of fundamental rights in the Community legal order are also binding on Member States when they implement Community rules, with the result that Member States must, as far as possible, apply those rules in accordance with those requirements. Where reference is made to the Court for a preliminary … Continue reading Regina v Ministry of Agriculture, Fisheries and Food, ex parte Dennis Clifford Bostock: ECJ 24 Mar 1994

James Hamilton of Dalzell, Esq; Ex Parte v James Hamilton Brother To William Hamilton, of Orbiestoun, Deceased, and The Creditors of The Said William Hamilton, and James His Son: HL 18 Apr 1724

Service of heirs – An estate being disponed to a father and sailing him to his eldest son, and the heirs male of his body, with other subsitutions; and the eldest son having survived the father was infeft thereon, and died afterwards without serving heir to him: the Court found the right to the estate … Continue reading James Hamilton of Dalzell, Esq; Ex Parte v James Hamilton Brother To William Hamilton, of Orbiestoun, Deceased, and The Creditors of The Said William Hamilton, and James His Son: HL 18 Apr 1724

Harte and Aberdeen City Council (Inspection of Leased Property: Failure To Respond Within Statutory Timescales): SIC 24 Jul 2015

Inspection of leased property: failure to respond within statutory timescales – On 19 March 2015, Mr Harte asked Aberdeen City Council (the Council) for information about inspection of leased property and dealing with landlords. This decision finds that the Council failed to respond to the request within the timescale allowed by the Freedom of Information … Continue reading Harte and Aberdeen City Council (Inspection of Leased Property: Failure To Respond Within Statutory Timescales): SIC 24 Jul 2015

TN, MA and AA (Afghanistan) v Secretary of State for The Home Department: SC 24 Jun 2015

The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing. Held: The appeals failed. An applicant could not claim, after an unsuccessful statutory appeal after he had become 17, that the Home Secretary’s failures properly to investigate his claim with … Continue reading TN, MA and AA (Afghanistan) v Secretary of State for The Home Department: SC 24 Jun 2015

Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997

The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997

Chen, Regina (on The Application of) v Secretary of State for The Home Department) ((Appendix FM – Chikwamba – Temporary Separation – Proportionality) (IJR): UTIAC 24 Mar 2015

(i) Appendix FM does not include consideration of the question whether it would be disproportionate to expect an individual to return to his home country to make an entry clearance application to re-join family members in the U.K. There may be cases in which there are no insurmountable obstacles to family life being enjoyed outside … Continue reading Chen, Regina (on The Application of) v Secretary of State for The Home Department) ((Appendix FM – Chikwamba – Temporary Separation – Proportionality) (IJR): UTIAC 24 Mar 2015

Cranford College Ltd, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 24 Apr 2015

‘rolled-up’ hearing of the Claimant’s application for permission for judicial review against decisions made by the Defendant to suspend and then revoke its Tier 2 and Tier 4 sponsor licences Andrews DBE J [2015] EWHC 1090 (Admin) Bailii England and Wales Education, Immigration Updated: 29 December 2021; Ref: scu.545930

Simaei and Another, Regina (on The Applications of) v Secretary of State for The Home Department (Dublin Returns – Hungary (IJR): UTIAC 24 Feb 2015

UTIAC In light of the considerable body of relevant background country information considered by the Respondent, it was open to her to find that there was neither systemic deficiency nor were there substantial operational problems in the conditions in Hungary for the reception, processing and treatment of asylum seekers. McCloskey P J [2015] UKUT 83 … Continue reading Simaei and Another, Regina (on The Applications of) v Secretary of State for The Home Department (Dublin Returns – Hungary (IJR): UTIAC 24 Feb 2015

LWF (Ap) v Secretary of State for The Home Department: SCS 24 Sep 2014

Extra Division – Inner House – the respondent referred to a letter dated 20 December 2012 from the petitioner’s solicitors. In that letter, the solicitors contended that to require the petitioner to leave the United Kingdom, and thus be forced to apply for entry clearance from abroad, would breach her family and private life rights … Continue reading LWF (Ap) v Secretary of State for The Home Department: SCS 24 Sep 2014

Department for Work and Pensions (Decision Notice): ICO 24 Feb 2006

The Complainant sent a request for information to the CSA on 12 May 2005, asking for certain legislation, guidance and policy documents. Following the intervention of the Information Commissioner the complainant received a response on 9 December 2005. The Commissioner has therefore decided that the CSA breached the Act by not responding within 20 working … Continue reading Department for Work and Pensions (Decision Notice): ICO 24 Feb 2006

Department for Work and Pensions (Decision Notice): ICO 24 Nov 2005

The complainant made a number of requests for information from the Child Support Agency (CSA) – part of the Department of Work and Pensions – on three separate dates. The complainant alleged that the CSA failed to provide him with all the information requested and that the information was not provided within 20 working days. … Continue reading Department for Work and Pensions (Decision Notice): ICO 24 Nov 2005

Department for Environment Food and Rural Affairs (Decision Notice) FS50492408: ICO 5 Nov 2013

ICO The complainant has made a request to Defra for information relating to flood insurance. It refused to disclose the information it held relevant to the scope of this request under section 35(1)(a), section 41 and section 43(2) of the Freedom of Information Act 2000 (FOIA). The Commissioner’s decision is that Defra has correctly applied … Continue reading Department for Environment Food and Rural Affairs (Decision Notice) FS50492408: ICO 5 Nov 2013

AL (Albania) v Secretary of State for The Home Department: CA 24 May 2018

‘The issue for determination on this appeal is whether the order of Upper Tribunal Judge Jacobs dated 25 July 2016, ordering that the appellant should pay the Secretary of State her costs of her summary grounds of defence filed in judicial review proceedings begun by the appellant for a decision on his asylum claim in … Continue reading AL (Albania) v Secretary of State for The Home Department: CA 24 May 2018

Cantina Broglie 1 v HMIi – Camera Di Commercio, Industria, Artigianato E Agricoltura Di Verona: ECFI 24 Mar 2014

ECJ Community trade mark – legal procedure – Substitution of one party to the dispute – Transfer of rights of the applicant for a Community trade mark T-595/10, [2014] EUECJ T-595/10 – CO Bailii Cited by: Order – Cantina Broglie 1 v OHMI – Camera Di Commercio, Industria, Artigianato E Agricoltura Di Verona ECFI 18-Jun-2014 … Continue reading Cantina Broglie 1 v HMIi – Camera Di Commercio, Industria, Artigianato E Agricoltura Di Verona: ECFI 24 Mar 2014

Surrey and Borders Partnership NHS Trust (Decision Notice): ICO 24 Aug 2006

The complainant asked Surrey Oaklands NHS Trust for a copy of a report of an investigation into the financial affairs of its predecessor, Lifecare NHS Trust. The trust withheld the report, citing the exemptions in sections 31, 41 and 42 of the Act. The Commissioner has decided that the trust had correctly applied section 41 … Continue reading Surrey and Borders Partnership NHS Trust (Decision Notice): ICO 24 Aug 2006

Margaret, Agnes, Mary, Marion, and Janet Kennedies, Heirs Portioners of The Deceased Alexander Kennedy, of Glenour, Their Brother, and Their Respective Husbands for Their Interests v Alexander Macdowall, of Garthland: HL 13 Apr 1724

Writ – A bond reduced as vitiated, where after the sum the word ‘Pounds’ was written upon an erazure, and the penalty was in merks, effeiring to a fifth part of the principal if it had been merks, but not if pounds, as it stood on the bond as claimed on. This bond had been … Continue reading Margaret, Agnes, Mary, Marion, and Janet Kennedies, Heirs Portioners of The Deceased Alexander Kennedy, of Glenour, Their Brother, and Their Respective Husbands for Their Interests v Alexander Macdowall, of Garthland: HL 13 Apr 1724

Mirza, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Jul 2013

The Claimant applied for Judicial Review of the decision refusing to the Claimant leave to remain in the United Kingdom under the ‘legacy’ programme and/or to consider the representations of the Claimant as a fresh claim. Lord Carlile of Berriew QC [2013] EWHC 2207 (Admin) Bailii Immigration Updated: 17 November 2021; Ref: scu.513746

Shabani v Secretary of State for The Home Department (EEA – Jobseekers; Nursery Education): UTIAC 24 Jun 2013

UTIAC 1. Although the question whether Article 7(3) of Directive 2004/38/EC deals exhaustively with the circumstances in which a jobseeker can retain the status of a worker in EU law has been held by the Supreme Court in Saint Prix v Secretary of State for Work and Pensions [2012] UKSC 49 to require a reference … Continue reading Shabani v Secretary of State for The Home Department (EEA – Jobseekers; Nursery Education): UTIAC 24 Jun 2013

Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. Held: The appeal was dismissed. For Article 9 to be engaged (aside from certain other threshold conditions) the … Continue reading Regina v Secretary of State for Education and Employment and others ex parte Williamson and others: HL 24 Feb 2005

Masalskas, Regina (on The Application of) v Secretary of State for The Home Department (Regulations 24Aa and 29Aa EEA Regs) (IJR): UTIAC 26 Nov 2015

UTIAC 1. A decision to certify a person’s (P’s) removal under regulation 24AA of the European Economic Area Regulations 2006 operates as a temporary measure that can be applied only for so long as there is a statutory appeal which could be brought in time or which is pending. 2. Regulation 24AA is a discretionary … Continue reading Masalskas, Regina (on The Application of) v Secretary of State for The Home Department (Regulations 24Aa and 29Aa EEA Regs) (IJR): UTIAC 26 Nov 2015

Mamaniat, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Jan 2011

Application for judicial review of defendant’s decision that the claimant’s claim that his removal from the UK would be a disproportionate interference with his human rights was manifestly ill founded. Andrews QC J [2011] EWHC 157 (Admin) Bailii e Nationality Immigration and Asylum Act 2002 94 England and Wales Immigration Updated: 09 November 2021; Ref: … Continue reading Mamaniat, Regina (on The Application of) v Secretary of State for The Home Department: Admn 24 Jan 2011

TLT and Others v The Secretary of State for The Home Department and Another: QBD 24 Jun 2016

Damages for Publication of Asylum Applicants Data The claimants had been part of the family returns process, returning failed asylum seekers to their countries of origin. The defendant collected data about the process and published a spreadsheet which was intended to provide an anonymous summary of the process, but in fact also contained many private … Continue reading TLT and Others v The Secretary of State for The Home Department and Another: QBD 24 Jun 2016

B2 v Secretary of State for The Home Department: CA 24 May 2013

Appeal from the Special Immigration Appeals Commission in which the issue was whether the Secretary of State for the Home Department was entitled to deprive a British Citizen originating from Vietnam of British nationality following his alleged involvement in terrorism related activities. The Secretary of State alleges that she was so entitled. The respondent contended … Continue reading B2 v Secretary of State for The Home Department: CA 24 May 2013