A failure to appear at an earlier appeal which was through no fault of the appellant, should not be used by the Secretary as an excuse to defeat an appeal under the section. The Secretary of State should not treat the section as a safety net or fall back. It was in fact a secondary … Continue reading Regina v Secretary of State for the Home Department, Ex parte Yousaf Same v Same, Ex parte Jamil: CA 11 Jul 2000

Whether detention under the 1971 Act pending deportation had been unlawful. Judges: Mr Justice Mostyn Citations: [2020] EWHC 3289 (Admin) Links: Bailii Statutes: Immigration Act 1971 Jurisdiction: England and Wales Immigration Updated: 19 May 2022; Ref: scu.656797

The Refugee Convention had ‘indirectly’ been incorporated under English law. The court considered whether a person allowed entry by an immigration officer was lawfully here irrespective of other considerations. As to the case of Musis in the Bugdaycay case: ‘Each of the present applicants had only been granted temporary admission and they required, but had … Continue reading Regina v Secretary of State for the Home Department, Ex parte Singh: QBD 8 Jun 1987

A renewed application brought out of time for permission to seek judicial review of decisions of the Secretary of State 1) to decline to treat further material put before him in the case as a fresh claim to asylum and 2) to decline to refer the applicant’s case to a special adjudicator. Citations: [1999] EWCA … Continue reading Regina and Secretary of State for Home Department ex parte Manneh: CA 21 Jul 1999

The applicant first arrived from Mauritius in 1972, and was given limited leave to enter for a few months. He over-stayed until June 1974 when he paid a short visit to France. On return he was given one month’s leave to enter, but again overstayed. In 1978 he married a woman who was settled here … Continue reading Regina v Secretary of State for the Home Department, Ex parte Margueritte: CA 1982

For the purposes of applying to para 399A of the Rules and s. 117C of the 2002 Act a definition of ‘lawfully resident’ analogous to that in para 276A (as mandated by SC (Jamaica)), the invalidation provisions of s. 5(1) of the 1971 Act are to be ignored. Citations: [2018] UKUT 199 (IAC) Links: Bailii … Continue reading Tirabi (Deportation: ‘Lawfully Resident’: S5): UTIAC 9 May 2018

(1) If, on appeal, an issue arises as to whether the removal of a person (P) from the United Kingdom would be unlawful because P is a British citizen, the tribunal deciding the appeal must make a finding on P’s citizenship; just as the tribunal must do so where the consideration of the public interest … Continue reading MS (British Citizenship; EEA Appeals) Belgium: UTIAC 15 Oct 2019

(1) Notice of a decision (not falling within the Immigration (Notices) Regulations 2003) is ‘given’ for the purposes of s.4(1) of the Immigration Act 1971 when it is (a) ‘sent’ in accordance with Art 8ZA of the Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161) as inserted by the Immigration (Leave to Enter … Continue reading Mahmood, Regina (on The Application of) v Secretary of State for The Home Department (Effective Service – 2000 Order) (IJR): UTIAC 18 Jan 2016

UTIAC (i) Paragraph 403 of the Immigration Rules co-exists, and must be given effect in tandem, with the United Nations Convention Relating To The Status Of Stateless Persons and the Secretary of State’s policy instruction. (ii) In every statelessness case, the four interlocking components of the governing test are whether the person concerned is considered … Continue reading Semeda, Regina (on The Application of) v Secretary of State for The Home Department (Statelessness; Pham Applied) (IJR): UTIAC 21 Oct 2015

The claimant said that he had been tortured in Sri Lanka. The SSHD said the injuries were falsifications, inflicted at the claimant’s request. Held: KV’s appeal succeeded, and the case was remitted for a fresh determination. The Istanbul Protocol was to be used: An expert investigating an allegation of torture should recognise the Istanbul Protocol … Continue reading KV (Sri Lanka) v Secretary of State for The Home Department: SC 6 Mar 2019

The appellant failed asylum seeker had been detained for three years pending deportation. She suffered a mental illness, and during her detention the medical advice that her condition could be coped with in the detention centre changed, recommending treatment in the community. She said that the Francis case was wrongly decided. Held: Her appeal failed. … Continue reading O, Regina (on The Application of) v Secretary of State for The Home Department: SC 27 Apr 2016

[2006] EWHC 2690 (Admin) Bailii Immigration Act 1971 England and Wales Immigration Updated: 04 January 2022; Ref: scu.245764

Three applicants had sought an extension of their leave to remain pending the determination of an application to vary the period of leave. In each case, the applications had been faulty, either for non-payment of fees, or failure to provide biometric information. The appellants contended that an application which was ‘invalid’ under the regulations was … Continue reading Iqbal and Others, Regina (on The Application of) v The Secretary of State for The Home Department: CA 30 Jul 2015

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

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 appellant was detained under immigration rules. He refused to provide details of his nationality and now complained of his continuing detention in the light of a finding that he was unlikely to be returnable to Algeria, that being what was . .