ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Citations: 24867/13, [2022] ECHR 686 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681091
Citations: 46099/06, 46699/06, [2012] ECHR 813 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 13 October 2022; Ref: scu.454542
The applicant challenged the decision to separate her from her child whilst she was in prison. Held: such a separation engaged her article 8 Human Rights, and she must be allowed representation when a decision was made. The Prison Service should call in appropriate experts in deciding what were the child’s needs, the effect of … Continue reading Regina (CD and ADR) v Secretary of State for the Home Department: QBD 17 Jan 2003
This case concerns the principle of open justice and the application of orthodox principles to an application by a litigant for an anonymity order, namely, the balancing exercise between an individual’s Article 8 and 6 rights of the European Convention on Human Rights and the Article 10 and 6 ECHR rights of the press and … Continue reading Moss v Information Commissioner: CA 15 May 2020
ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 6652/20, [2022] ECHR 708 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681074
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; … Continue reading SC v The United Kingdom: ECHR 15 Jun 2004
ECHR Judgment : Article 3 – Prohibition of torture : Fourth Section Committee Citations: 36002/19, [2022] ECHR 710 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 12 October 2022; Ref: scu.681072
Citations: 27930/05, [2010] ECHR 1203 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 October 2022; Ref: scu.421185
(Extra Division Inner House) The scope of this appeal relates to the impact of article 5 of the European Convention on Human Rights (‘ECHR’) in circumstances where the petitioner and reclaimer (‘the reclaimer’) is serving an extended sentence under and in terms of section 210A of the Criminal Procedure (Scotland) Act 1995. The reclaimer contends … Continue reading In Reclaiming Motion By Brown v The Parole Board for Scotland and The Scottish Ministers: SCS 31 Jul 2015
ECHR Article 7-1 Nullum crimen sine lege Use of undefined colloquial expression in definition of criminal offence: no violation Facts – In 2005 the Georgian legislature created a series of new offences designed to assist in the fight against organised crime. As part of a wider legislative package Article 223(1) of the Criminal Code was … Continue reading Ashlarba v Georgia: ECHR 15 Jul 2014
ECHR Article 46-2 Execution of judgment Measures of a general character Respondent State required to establish without delay political system in which all citizens have the right to stand for elections without discrimination Article 14 Discrimination Ineligibility to stand for election without declaration of affiliation to one of constitutionally defined ‘constituent peoples’: violation Article 1 … Continue reading Zornic v Bosnia and Herzegovina: ECHR 15 Jul 2014
Citations: 41113/08, [2012] ECHR 706 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 07 October 2022; Ref: scu.452770
The appellant had been deprived of his British Citizenship by an order of the respondent under the 1981 Act. That had meant that he was unable to return to the UK. He now appealed against refusal of his challenge to the order. Judges: Richards, Stanley Burnton, Gross LJJ Citations: [2012] EWCA Civ 358 Links: Bailii … Continue reading Al-Jedda v Secretary of State for The Home Department: CA 29 Mar 2012
Citations: 55595/10, [2012] ECHR 489 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 06 October 2022; Ref: scu.452284
The applicant alleged, in particular, that his detention following the expiry of his tariff was unlawful because the Parole Board had refused to recommend his release on the ground that he had not yet completed a specific rehabilitative course, despite the fact that he was unable to access that course. Citations: 54119/10 – Committee Judgment, … Continue reading Alexander v The United Kingdom: ECHR 30 Jun 2015
The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an organisation which had in the past supported terrorism, and had first … Continue reading Lord Carlile and Others v Secretary of State for The Home Department: Admn 16 Mar 2012
Citations: 2206/10, [2012] ECHR 409 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 05 October 2022; Ref: scu.452031
Citations: 74357/01, [2008] ECHR 152 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 October 2022; Ref: scu.264619
Citations: 25120/09, [2012] ECHR 274 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 October 2022; Ref: scu.451238
Applications were made, challenging the refusal of the Secretary of State for Health, and the Human Fertilisation and Embryology Authority, to institute a system where a child born by artificial insemination could make enquiries as to his or her parenthood. Held: The knowledge of facts about one’s biological parenthood was part of the right to … Continue reading Regina (Rose and Another) v Secretary of State for Health and the Human Fertilisation and Embryology Authority: Admn 26 Jul 2002
Citations: 28658/10, [2012] ECHR 69 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 04 October 2022; Ref: scu.450369
Challenge to the amendments to paragraph 281 of the Immigration Rules requiring the foreign spouses and partners of British citizens or persons settled in the UK applying for what I shall refer to as ‘spouse visas’, that is for leave to enter the UK with a view to settlement, to produce a test certificate of … Continue reading Chapti and Others, Regina (on The Application of) v Secretary of State for The Home Department and Others: Admn 16 Dec 2011
UTIAC 1) Whilst section 2 of the Human Rights Act 1998 and its associated case law requires United Kingdom tribunals in general to give effect to the jurisprudence of the European Court of Human Rights, including that Court’s guidance on how to approach evidence in international protection cases, the weighing of evidence and the drawing … Continue reading AMM and Others (Conflict; Humanitarian Crisis; Returnees; FGM) Somalia CG: UTIAC 28 Nov 2011
The paper owner sought possession of land. The defendant said he had acquired a possessory title. The land was registered. Held: The claimant’s human rights under article 1 were engaged. To be justifiable, the interference in that right had to be ‘in the public interest’. The limitation rules were enacted by the State for public … Continue reading Beaulane Properties Ltd v Palmer: ChD 23 Mar 2005
The Sofia Public Prosecutor’s Office had ordered the suspension of the performance of a privatisation contract relating to an hotel. The office had acted under its criminal jurisdiction and had also brought a civil action. There had been no finding of guilt: when it ordered the suspension, the Public Prosecutor’s Office had stated that ‘(the) … Continue reading Zlinsat, Spol. SRO v Bulgaria: ECHR 15 Jun 2006
ECHR Judgment : Article 3 – Prohibition of torture : First Section Committee Citations: 36896/18, [2022] ECHR 628 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 29 September 2022; Ref: scu.680575
ECHR Judgment : Article 5 – Right to liberty and security : Fifth Section Committee Citations: 35402/07, [2018] ECHR 937 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 September 2022; Ref: scu.631179
ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 67794/13, [2018] ECHR 939 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 September 2022; Ref: scu.631230
Citations: 29746/05, [2008] ECHR 107 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 September 2022; Ref: scu.264309
Citations: 33983/02, [2007] ECHR 451 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 September 2022; Ref: scu.253364
Citations: 29943/06, [2008] ECHR 1397 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 27 September 2022; Ref: scu.277952
Citations: 2869/07, [2011] ECHR 1943 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 26 September 2022; Ref: scu.448458
Citations: 37831/09, [2011] ECHR 1879 Links: Bailii Statutes: European Convention on Human Rights Human Rights Updated: 26 September 2022; Ref: scu.448255
Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given oral evidence, and the Registrar contended that any further appeal to the High court should … Continue reading Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015
Citations: 31443/96, [2005] ECHR 647 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Broniowski v Poland ECHR 22-Jun-2004 Hudoc Judgment (Merits and just satisfaction) Preliminary objection dismissed (non-exhaustion of domestic remedies) ; Violation of P1-1 ; Just satisfaction reserved ; Costs and expenses partial award – Convention . . Cited by: … Continue reading Broniowski v Poland: ECHR 28 Sep 2005
Citations: 15349/03, [2010] ECHR 1959 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 September 2022; Ref: scu.426943
Citations: 37528/97, [2000] ECHR 605 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 September 2022; Ref: scu.263040
Citations: [2006] EWCA Civ 1153 Links: Bailii Statutes: European Convention on Human Rights 3 Jurisdiction: England and Wales Immigration, Human Rights Updated: 22 September 2022; Ref: scu.244208
(Final Execution) The Court having found the respondent to have been in breach of the claimants’ human rights in having denied them access to legal advice on arrest for a period of up to 48 hours, now concluded that necessary measures had been taken and the case was closed. Citations: [2010] ECHR 1890, 18731/91 Links: … Continue reading Murray v The United Kingdom: ECHR 15 Sep 2010
UTIAC (i) The policy in Chapter 29(4) of the DSP (subsequently replaced by the provisions of SET 12) relating to applications for settlement by adult dependants of former members of HM Forces sets out a true discretion to be exercised outside the Rules by the respondent and cannot reasonably be interpreted as setting out a … Continue reading Pun and Others (Gurkhas – Policy- Article 8) Nepal: UTIAC 27 Sep 2011
The claimants had each settled within the UK in accordance with Immigration rules, but now challenged refusal of leave to remain to their husbands who sought to join them. Held: Article 8 did not impose a ‘general obligation on the part of a Contracting State to respect the choice by married couples of the country … Continue reading Abdulaziz, Cabales And Balkandali v United Kingdom: ECHR 28 May 1985
Citations: 1758/04, [2008] ECHR 973, [2009] ECHR 1676 Links: Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 20 September 2022; Ref: scu.276738
Right of prison to read correspondence with doctor Judges: The Master Of The Rolls Lord Justice Sedley Lord Justice Neuberger Citations: [2004] EWCA Civ 1426, [2004] EWHC 2652 (Admin) Links: Bailii, Bailii Statutes: European Convention on Human Rights 8 Jurisdiction: England and Wales Citing: Appeal from – Szuluk, Regina (on the Application of) v HM … Continue reading Regina on the Application of Szuluk v The Governor of HMP Full Sutton and the Secretary of State for the Home Department: CA 29 Oct 2004
(Admissibility) The claimants, members of the British Nation Party, had complained of defamation by other elements of the BNP as regards te circumstances of the theft of the proceeds of a meeting being stolen from their home. The claim had been dismissed as reportage of a politicalk event with Reynolds privilege: ‘libel litigation is not … Continue reading Roberts And Roberts v The United Kingdom: ECHR 5 Jul 2011
Citations: 22785/07, [2010] ECHR 1708 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 September 2022; Ref: scu.425834
Citations: 45072/09, [2011] ECHR 1060 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 September 2022; Ref: scu.441470
Citations: 64004/09, [2011] ECHR 1058 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 September 2022; Ref: scu.441471
Citations: 39120/03, [2008] ECHR 213 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 September 2022; Ref: scu.266270
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
The applicants had been disciplined whilst in prison, and suffered various penalties including the loss of remission. They argued that the penalties had been imposed in breach of their human rights and that the protection given for intimate searches was inadequate. Held: Although the proceedings may have the effect of postponing the prisoners release, in … Continue reading Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same: CA 19 Jul 2001
The claimants had applied for asylum, but had arrived from other EU countries. Their claims being dismissed, they were detained pending removal. They said that on return to Bulgaria, they would face harsh treatment. Citations: [2017] EWCA Civ 1871 Links: Bailii Statutes: European Convention on Human Rights 3, EU Charter of Fundamental Rights, Asylum and … Continue reading HK (Iraq) and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 23 Nov 2017
Citations: 64927/01, [2010] ECHR 1428 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Palau Martinez v France ECHR 16-Dec-2003 A decision of the French court that the children should live with their father, and not with their Jehovah’s Witness mother, was based decisively on its view of the … Continue reading Palau Martinez v France: ECHR 15 Sep 2010
Mrs Hoogendijk suffered from a high degree of disablement. She lost benefits to which she had been entitled as a consequence of amendments which the Dutch government introduced to remove the discriminatory exclusion of married women from the relevant security scheme while at the same time seeking to keep the costs of the scheme within … Continue reading Hoogendijk v The Netherlands: ECHR 6 Jan 2005
The issue on this appeal is the effect of section 55 on the legality of the appellant’s detention under paragraph 16 over a period of 13 days. At the time of the detention the Secretary of State acted in the mistaken but reasonable belief that he was aged over 18. It is now an agreed … Continue reading AA, Regina (on The Application of) v Secretary of State for The Home Department: SC 10 Jul 2013
A mental health review tribunal had recommended the conditional release of the applicant, a restricted patient in a high security hospital. A community social worker’s report was only later made available to the tribunal. Held: There was no need for the matter to go to the Secretary of State for him to order a fresh … Continue reading Regina (C) v Secretary of State for the Home Department: CA 15 May 2002
ECHR Article 41 Just satisfaction Absence of award in respect of non-pecuniary damage where delays in confiscation proceedings were mainly attributable to applicant Facts – In June 2001 the applicant was found guilty of drug-trafficking offences and sentenced to fourteen years’ imprisonment (he was released in 2006). By virtue of his conviction he became liable … Continue reading Piper v The United Kingdom: ECHR 21 Apr 2015
ECHR Article 37-1 Striking out applications State’s unilateral declaration recognising violation of applicants’ rights and awarding compensation: struck out Facts – The applicants were two religious groups and six individuals. In 2002 the two applicant groups’ enrolment in the national register of associations was annulled as they could not be classified as a private-law entity … Continue reading Union of Jehovah’s Witnesses of Georgia and Others v Georgia (Dec): ECHR 21 Apr 2015
ECHR Article 14 Discrimination Alleged discrimination in entitlement to social security benefits of prisoners in psychiatric care compared to other persons detained for psychiatric treatment: inadmissible Facts – Under the relevant domestic legislation prisoners were not entitled to social security benefits while serving a prison sentence, including during any periods they were required to spend … Continue reading SS And Others v The United Kingdom (Dec): ECHR 21 Apr 2015
Citations: 45892/09 – Chamber Judgment, [2015] ECHR 400 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 September 2022; Ref: scu.546131
The claimant had been an employee of a foreign diplomatic mission. He said that he was not debarred by the 1978 Act from bringing claims for unfair dismissal and breach of working time regulations, saying that any exemption would infringe his human rights. Held: (i) where there is a breach of a right afforded under … Continue reading Benkharbouche and Another v Embassy of The Republic of Sudan: CA 5 Feb 2015
The claimant, a consultant urologist complained that the manner of his dismissal by the defendant for alleged misconduct did not accord with his human rights. Held: A person’s right to practise his profession was a civil right for the purposes of article 6. It was not in dispute but that a person’s right to practise … Continue reading Puri, Regina (on The Application of) v Bradford Teaching Hospitals NHS Foundation Trust: Admn 15 Apr 2011
The applicant, accused of being a member of an illegal organisation and faced a heavy penalty, had an insufficient knowledge of Turkish and was without the help of an interpreter. Held: She could not reasonably have appreciated the consequences of accepting to be questioned without the assistance of a lawyer in a criminal case concerning … Continue reading Saman v Turkey: ECHR 5 Apr 2011
There is a right of appeal against removal directions under section 65 of the 1999 Act on the ground that removal would be in breach of a person’s human rights. Auld LJ was not impressed by an argument that a restrictive interpretation was necessary to prevent abuse. On the one hand a last-minute challenge would … Continue reading Kariharan and Another, Regina (on the Application Of) v Secretary of State for Home Department: CA 15 Apr 2002
Citations: 33798/06, [2009] ECHR 2234 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 September 2022; Ref: scu.416074
ECHR Article 6-1 Impartial tribunal Impartiality of tribunal in professional misconduct proceedings against a judge: violation Facts – The applicant was a former judge who was removed from office by a decision of the plenary of the State Judicial Council (SJC) on 19 April 2011 that he had been guilty of professional misconduct. In his … Continue reading Mitrinovski v The Former Yugoslav Republic Of Macedonia: ECHR 30 Apr 2015
Citations: 55066/00, [2007] ECHR 35 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 September 2022; Ref: scu.247731
Citations: 48566/99, [2003] ECHR 156 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 September 2022; Ref: scu.213371
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
Citations: 41130/06, [2010] ECHR 2215 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 02 September 2022; Ref: scu.429711
The claimant appealed an order for his deportation back to Jordan, saying that if returned there was a real risk that he would face a trial based on evidence obtained by torture. Held: The appeal succeeded. A foreign national could not be deported under such circumstances since they would breach his right to a fair … Continue reading Othman (Abu Qatada) (Jordan) v Secretary of State for the Home Department: CA 9 Apr 2008
Judges: The Master of the Rolls Lady Justice Smith Lord Justice Maurice Kay Citations: [2005] EWCA Civ 1663, [2006] 1 WLR 843 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: England and Wales Human Rights, Torts – Other, Prisons Updated: 02 September 2022; Ref: scu.238506
In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005
The applicant was a restricted mental patient. His conditional release had been ordered, but required a consultant psychiatrist to be found who would agree to supervise him. None such could be found, and his detention continued. After two years he contended that his continued detention infringed his human rights. Held: Campbell’s case required s73 to … Continue reading Regina (IH) v Secretary of State for the Home Department and Another: CA 15 May 2002
The applicant, a Tamil threatened to commit suicide if returned to Sri Lanka. It had been accepted by the Home Secretary that he suffered from post traumatic stress disorder and depression. The medical evidence was that ‘His prognosis (was) presently extremely uncertain . . he had attempted suicide. Though the shock of being refused asylum … Continue reading J v Secretary of State for the Home Department: CA 24 May 2005
A rule which deemed service on an asylum applicant two days after postage of a special adjudicator’s determination irrespective of whether it was in fact received was outside the powers given to the Secretary, and is of no effect. The Act gave power to make rules, but the receipt of the determination was fundamental to … Continue reading Saleem v Secretary of State for Home Department: CA 13 Jun 2000
The claimant appealed against rejection of his claim for asylum and protection on human rights grounds. He said that if returned to Afghanistan he would face a real risk of serious harm. Judges: Pill, Rimer, Black LJJ Citations: [2010] EWCA Civ 1407 Links: Bailii Statutes: Geneva Convention relating to the Status of Refugees (1951), Immigration, … Continue reading Secretary of State for The Home Department v DD (Afghanistan): CA 10 Dec 2010
The applicant was the mother of a young man who was robbed and killed in an attack in a bar. He died on 6 June 1993, four years and three months before the Convention came into force in relation to Ukraine. Investigations were suspended shortly after his death, but resumed after the Convention had come … Continue reading Lyubov Efimenko v Ukraine: ECHR 25 Nov 2010
(Northern Ireland) The appellant (born in Tunisia) was made subject to a deportation order. He had married a UK citizen and they had a child. After moving to the UK, at various times, the relationship broke down and he was convicted of several offences. The most serious was for an assault with a weapon which … Continue reading Makhlouf v Secretary of State for The Home Department: SC 16 Nov 2016
Citations: 1714/10 – Chamber Judgment, [2015] ECHR 429, [2015] 2 FLR 303, [2015] 3 FCR 296, [2015] Fam Law 764 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Makhlouf v Secretary of State for The Home Department SC 16-Nov-2016 (Northern Ireland) The appellant (born in Tunisia) was made … Continue reading Ferrari v Romania: ECHR 28 Apr 2015
It is unlawful for a court, as a public authority for the purposes of s. 6(3) of the 1998 Act, to act in a way incompatible with defendant’s rights enshrined in article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Judges: Lord Roger Citations: [2005] 2 Cr Ap R 32 … Continue reading Regina v Mustaq: CACD 2005
At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold the adjudicator’s rejection of an appeal against a decision to … Continue reading Machado v Secretary of State for the Home Deptment: CA 19 May 2005
Citations: 35524/06, [2010] ECHR 1684 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 25 August 2022; Ref: scu.425695
A mother, father and their three sons were of Eritrean ethnicity but lived in the Netherlands and had acquired Dutch citizenship. When leaving Eritrea in 1989, the mother had left behind a daughter, then aged eight. When she was aged 15, an application was made for her to be allowed to enter the Netherlands in … Continue reading Tuquabo-Tekle and others v The Netherlands: ECHR 15 Sep 2010
Citations: 43795/07, [2010] ECHR 1356 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 August 2022; Ref: scu.424746
Citations: 4548/02, [2006] ECHR 445 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 24 August 2022; Ref: scu.243734
UTIAC Funds are ‘available’ to a claimant at the material time if they belong to a third party but that party is shown to be willing to deploy them to support the claimant for the purpose contemplated.Article 8 does not give an Immigration Judge a free-standing liberty to depart from the Immigration Rules, and it … Continue reading CDS (PBS ‘Available’ Article 8) Brazil: UTIAC 25 Aug 2010
Citations: 36202/03, [2006] ECHR 1081 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 23 August 2022; Ref: scu.248152
The court referred the following questions to the ECJ: ‘(1) Does a decision made by a Member State under Article 3(2) of . . Regulation No 343/2003 whether to examine a claim for asylum which is not its responsibility under the criteria set out in Chapter III of the Regulation fall within the scope of … Continue reading NS, Regina (on The Application of) v Secretary of State for The Home Department: CA 12 Jul 2010
The claimant, an Iraqi national, had been about to be deported when he was re-arrested for Terrorism offences for which he was acquitted. He was then made subject to a non-derogating control order. He now challenged the renewal of that order, even under less stringent terms. Held: The restrictions imposed fell just within the boundary … Continue reading Secretary of State for the Home Department v AH: Admn 9 May 2008
A section 255 home detention licence revocation does not involve a deprivation of liberty so as to engage Article 5(4). Judges: Judge Milwyn Jarman QC Citations: [2010] EWHC 1557 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 246 255, European Convention on Human Rights 5(4) Citing: Applied – Benson, Regina (on the Application of) v … Continue reading McAlinden, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2010
The applicant had appealed to the adjudicator from the Home Secretary’s decision to refuse to allow leave to remain. One of her children suffered from cerebral palsy, and she said it was necessary to stay here for her treatment and education. On appeal from the IAT, the CA held that the adjudicator should consider not … Continue reading Dbeis and others v Secretary of State for the Home Department: CA 19 May 2005
The claimant had applied both for asylum and humanitarian protection. Both claims had been rejected, but he was given leave to stay in the UK for a further year. He now sought to appeal not only against the rejection of the asylum claim but also the humanitarian protection claim. Held: The claimant’s appeal succeeded. He … Continue reading FA (Iraq) v Secretary of State for The Home Department: CA 18 Jun 2010
Citations: [2008] ECHR 41 Links: Bailii Statutes: European Convention on Human Rights Cited by: See Also – Micallef v Malta ECHR 15-Oct-2009 ‘The Court reiterates that for Article 6(1) in its ‘civil’ limb to be applicable, there must be a dispute over a ‘civil right’ which can be said, at least on arguable grounds, to … Continue reading Micallef v Malta: ECHR 15 Jan 2008
Citations: 52177/07, [2010] ECHR 825 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 19 August 2022; Ref: scu.416475
Citations: 51382/09, [2010] ECHR 807 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 17 August 2022; Ref: scu.416494
HA, an Iraqi national arrived in the United Kingdom some time in 2000. He made an asylum claim in 2002 which was rejected and the appeal was dismissed. However, he remained in the United Kingdom without leave and was fined for possessing Class A and C drugs in 2005. He was later convicted on counts … Continue reading HA (Iraq) v Secretary of State for The Home Department: CA 22 Jul 2014
ECHR Article 5-3 Brought promptly before judge or other officer Inability of judge to address issue of conditional release in early stages of detention: inadmissible Facts – The applicants were arrested on suspicion of involvement in the murder of a police officer. They were brought, 48 hours later, before a County Court judge who reviewed … Continue reading Magee And Others v The United Kingdom: ECHR 12 May 2015
The court set out the conditions for the use of article 8 rights claims in extradition proceedings where the proposed extradition would be to other states within the European Union. Judges: John Thomas, Baron Thomas of Cwmgiedd LCJ, Ryder LJ, Ouseley J Citations: [2015] EWHC 1274 (Admin), [2016] 3 All ER 71, [2016] 1 WLR … Continue reading Polish Judicial Authorities v Celinski and Others: Admn 6 May 2015
