References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004
The court was asked whether, in cases heard by the First-tier Tribunal (Immigration and Asylum Chamber) where the credibility of the appellant is in issue, there is a rule that a delay of more than three months between the hearing of oral evidence and the date of the FTT’s decision renders the decision unsafe. Held: … Continue reading SS (Sri Lanka), Regina (on The Application of) v The Secretary of State for The Home Department: CA 15 Jun 2018
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
In 2000, the defendant introduced a policy to make compensation payments for those British services personnel who had been imprisoned by the Japanese in the second world war. The appellant, a citizen of Pakistan had served in the Indian Army, was captured and became a prisoner of war of the Japanese. He accepted that he … Continue reading Mohammed, Regina (on the Application of) v Secretary of State for Defence: CA 1 May 2007
The Secretary of State having decided against an application for asylum could direct non-payment of benefits although he would hear representations. Held: Regulation 70(3A)(b)(i) defines a date by reference to the recording by the Secretary of State of the claim for asylum as having been determined. There is no reference to notification. The reference to … Continue reading Salem v Secretary of State for Home Department: CA 6 Mar 1998
Judges: Hutchison LJ Citations: [1997] Imm AR 251 Jurisdiction: England and Wales Cited by: Cited – Demirkaya v Secretary of State for Home Department CA 23-Jun-1999 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 … Continue reading Lavarevic v Secretary of State for the Home Department: CA 1997
The word ‘persecution’ must be given its ordinary and natural meaning when considering an application for asylum based on a fear of persecution.Aldous LJ said: ‘Mr Ashford-Thom, who appeared for the Secretary of State, submitted that the word ‘persecution’ was an ordinary English word and it was for the special adjudicator to decide whether the … Continue reading Kagema v Secretary of State for Home Department: CA 15 Aug 1996
The court considered whether it was safe to return the applicant to Italy, and said: ‘a system which will, if it operates as it usually does, provide the required standard protection for the asylum seeker will not be found to be deficient because of aberrations.’ Judges: Kenneth Parker J Citations: [2011] EWHC 3012 (Admin) Links: … Continue reading EM, Regina (on The Application of) v Secretary of State for The Home Department: Admn 18 Nov 2011
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s son-in-law living in Switzerland. It was claimed that he had assisted A … Continue reading JSC BTA Bank v Khrapunov: SC 21 Mar 2018
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the fifth had entered with his parents for settlement and had indefinite leave … Continue reading Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982
The claimant faced removal and return to Palestine, but he said that he would not be accepted if returned. He had no ID card, birth certificate or living parents. He appealed against the decision of the IAT and now again from the Court of Appeal which said that there was no immigration decision within section … Continue reading MS (Palestinian Territories) v Secretary of State for The Home Department: SC 16 Jun 2010
The Dublin II Regulation did not absolve the United Kingdom from responsibility to ensure that a decision to expel an asylum seeker to another Member State did not expose him, at one remove, to treatment contrary to article 3 of the Convention. ‘In the present case, the applicant is threatened with removal to Germany, where … Continue reading TI v United Kingdom: ECHR 7 Mar 2000
The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016
A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue under a deed of covenant entered into … Continue reading Alfred Mcalpine Construction Limited v Panatown Limited: HL 17 Feb 2000
The Home Secretary had served notice that the applicant was an illegal immigrant, and liable to deportation. An order had been made for the cross examination of the applicant. He had come to England to study, but soon dropped his immediate plans. He left and re-entered claiming an intention to start an alternative course. He … Continue reading Regina (Yaser Mahmood) v Secretary of State for Home Department: Admn 9 Aug 2001
The Home Secretary had issued directives to the BBC and IBA prohibiting the broadcasting of speech by representatives of proscribed terrorist organisations. The applicant journalists challenged the legality of the directives on the ground that they were incompatible with the ECHR, and also on the ground that they were disproportionate in going beyond the established … Continue reading Regina v Secretary of State for the Home Department ex parte Brind: HL 7 Feb 1991
The claimant was ordered to return to Zimbabwe to make her asylum claim from there. She argued that it would infringe her human rights. She now had a young daughter here. The IAT had dismissed her appeal on the basis that the appellant could and should return to Zimbabwe to apply there for entry clearance … Continue reading Chikwamba v Secretary of State for the Home Department: CA 16 Nov 2005
The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the legality of returning failed asylum applicants to Zimbabwe. Held: Despite allegations of … Continue reading SK, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Jan 2008
The release date for a prisoner was calculated correctly according to guidance issued by the Home Office, but case law required the guidance to be altered, and the prisoner had been detained too long. The tort of false imprisonment is one of strict liability, and the governor was liable in damages even though he had … Continue reading Regina v Governor of Her Majesty’s Prison Brockhill ex parte Evans (No 2): HL 27 Jul 2000
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
False Imprisonment Damages / Immigration Detention The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a prison sentence. When about to be released, an order … Continue reading Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department: SC 25 May 2011
The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004
The defendants had been convicted of not having an immigration document when presenting themselves for interview. They had handed their passports to the ‘agents’ who had assisted their entry. Held: The jury should have been directed as to the defence of reasonable excuse and otherwise. The statute had to be read so as to comply … Continue reading Regina v Fraydon Navabi; Senait Tekie Embaye: CACD 11 Nov 2005
The applicant sought asylum. The respondent delayed dealing with the application and her permit expired. She was to be returned to Nigeria from where she would have to apply again. Held: Where because of the delay, her renewed application would be granted on the basis that to refuse it would interfere with her human rights … Continue reading Secretary of State for the Home Department v Akaeke: CA 27 Jul 2005
The claimant had been in England since he was 11, and was now 38. He had been repeatedly convicted. He had challenged a deportation notice on a human rights basis. He now challenged a certificate that this claim was manifestly ill founded. Held: The certificate was quashed. The respondent was wrong to say that he … Continue reading Rainford, Regina (on the Application of) v Secretary of State for the Home Department: Admn 17 Oct 2008
The applicant sought refugee status, saying that if returned home to Sierra Leone, she would as a young woman be liable to be circumcised against her will. Held: Female sexual mutilation ‘is an evil practice internationally condemned and in clear violation of Article 3 of the European Convention of Human Rights (‘ECHR’). As a practice, … Continue reading Fornah v Secretary of State for the Home Department: CA 9 Jun 2005
The appellant sought asylum. He had fled Sri Lanka. He was a Tamil and feared torture if he returned. His application had been rejected because the consequences flowed from his suspected involvement in terrorism, and that was not a Convention reason. Held: Cases involving claims for refugee status under the Convention are particularly fact-sensitive. The … Continue reading Regina v Secretary of State for the Home Department, ex parte Sivakumar: HL 20 Mar 2003
The claimant appealed refusal of his claim for asylum, saying that an order for his removal would breach his article 8 rights in separating him from his family. Held: The Tribunal was wrong to think that Advic said that family ties could never give rise to an article 8 infringement on removal. The issue was … Continue reading Nadarajah Senthuran v Secretary of State for the Home Department: CA 16 Jul 2004
The appellant challenged the respondent’s decision to reduce the amount paid to her by way of asylum support benefit by the amount of child benefit she received. Held: The applicant had failed to make proper disclosure to the court of the facts underlying her case. Since the case had begun, the Coucil had reviewed its … Continue reading Gjini, Regina (on the Application of) v London Borough of Islington: CA 15 Apr 2003
The applicant had led Kurdish separatists training and leading a gang of armed terrorists. Warrants for his arrest had been taken out in Turkey. He had lived for many years in Syria but then sought political asylum in Greece, Russia and Italy, none of which countries was prepared to allow him to stay. Ultimately, he … Continue reading Ocalan v Turkey: ECHR 12 Mar 2003
When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000
A country which had previously rejected an asylum application could nevertheless properly be a safe third country to which a asylum applicant could be deported. Germany is a country which would abide by its obligations under international treaties. Citations: Times 18-Dec-1998, [1998] EWHC Admin 1085 Links: Bailii Statutes: Asylum and Immigration Act 1996 2(c) Citing: … Continue reading Regina v Secretary of State for Home Department ex parte Lul Omar Adan: Admn 24 Nov 1998
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
When considering the fear of prosecution in an applicant for asylum, the degree of persecution expected from individuals outside the government was to be assessed in the context also of the attitude of the government of the country to such persecution, and the level of protection it was prepared to offer. The failure of state … Continue reading Horvath v Secretary of State for the Home Department: HL 7 Jul 2000
Bail conditions only after detention B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether there exists a power under the 1971 Act to grant immigration … Continue reading B (Algeria) v Secretary of State for The Home Department: SC 8 Feb 2018
The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. Held: The view that appeals were restricted … Continue reading E v Secretary of State for the Home Department etc: CA 2 Feb 2004
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
US Board of Immigration Appeals – Held: ‘We find the well-established doctrine of ejusdem generis, meaning literally, ‘of the same kind,’ to be most helpful in construing the phrase ‘membership in a particular social group.’ That doctrine holds that general words used in an enumeration with specific words should be construed in a manner consistent … Continue reading In re Acosta: 1985
Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
The appellant arrived aged 19 from Sierra Leone and was granted leave to enter as a student, which leave was extended. His famiy had been politically active and suffered abuse after a coup. When his leave expired he applied for asylum. Other family members had been granted indefinite leave. He appealed against the AIT’s refusal … Continue reading Beoku Betts v Secretary of State for the Home Department: CA 6 Jul 2005
The appellant challenged a decision that he did not qualify for asylum or humanitarian protection and that his further representations were not a fresh human rights claim under paragraph 353 of the Immigration Rules. He argued that the return to the UK of his wife and daughter changed the circumstances requiring a fresh application. Held: … Continue reading Zoumbas v Secretary of State for The Home Department: SC 27 Nov 2013
The respondent had arrived and claimed asylum. Three claims were rejected, two of which were fraudulent. She had two children by a UK citizen, and if deported the result would be (the father being unsuitable) that the children would have to return with her. Held: The mother’s appeal succeeded. The court had to consider the … Continue reading ZH (Tanzania) v Secretary of State for The Home Department: SC 1 Feb 2011
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on their families. They said the removals would be discriminatory. Held: To justify … Continue reading AL (Serbia) v Secretary of State for the Home Department; Rudi v Same: HL 25 Jun 2008
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
[1998] EWCA Civ 1116, [1999] Imm AR 176 Bailii England and Wales Cited by: Cited – BA (Nigeria) v Secretary of State for The Home Department and Others SC 26-Nov-2009 The court was asked whether the expression ‘an asylum claim, or a human rights claim’ in section 92(4)(a) of the 2002 Act includes any second … Continue reading Cakabay v Secretary of State for Home Department: CA 30 Jun 1998
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
Mr Seal noisily objected to a neighbour blocking in his car. Police were called who took him into custody under the 1983 Act. He was released several days later, and eventually sought damages for his wrongful treatment. He had failed to first seek permission from the court as was required by s139(2). Held: The appeal … Continue reading Seal v Chief Constable of South Wales Police: CA 19 May 2005
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
UTIAC (1) A local authority’s obligations to an appellant as an unaccompanied child and asylum seeker and his status as a former relevant child after he becomes 18 do not of themselves determine the outcome of a decision on an appellant’s immigration status but may provide evidence relevant to those issues. (2) The failure of … Continue reading JS (Former Unaccompanied Child – Durable Solution) (Afghanistan): UTIAC 29 Aug 2013
The claimant appealed against a deportation order requiring his return to Portugal. He said that when considering the effect of the order on his family, the AIT had applied the wrong test. Held: The appeal succeeded. The test to be applied was not whether there were insurmountable obstacles to his family returning with him, but … Continue reading Batista v Secretary of State for The Home Department: CA 29 Jul 2010
The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return. Held: The adjudicator had failed to address the effect of delay. That was a relevant consideration, and the matter would have to be looked at again.Lord … Continue reading EB (Kosovo) v Secretary of State for the Home Department: HL 25 Jun 2008
The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result would be disproportionate. The court was asked whether in order to found such … Continue reading Norris v Government of United States of America: SC 24 Feb 2010
SSHD must examine safety of country for return The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic deficiencies in the … Continue reading EM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department: SC 19 Feb 2014
The claimant challenged his detention under the 1971 Act, now appealing against refusal of judicial review. His asylum claims had been rejected, and he had been convicted of various offences, including failures to answer bail. He had failed to report as required to comply with the deportation requirements. He had been transferred to a prison … Continue reading MC (Algeria), Regina (on The Application of) v Secretary of State for The Home Department: CA 31 Mar 2010
Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954
The defendant was convicted under the 1994 Act of producing counterfeit CDs. He argued that the affixing of the name of the artist to the CD was not a trade mark use, and that the prosecution had first to establish a civil offence before his act could become criminal. The prosecutor appealed the decision of … Continue reading Regina v Johnstone: HL 22 May 2003
Immigration detention proper after prison release The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 Act. The court had found that the detention had … Continue reading SK (Zimbabwe) v Secretary of State for the Home Department: CA 6 Nov 2008
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled. Held: The result was to leave the … Continue reading Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own account in respect of injuries sustained during the raid. The claimants … Continue reading Bankovic v Belgium: ECHR 12 Dec 2001
The claimants each sought entry to be with members of their family already settled here. The Court was asked whether the new Immigration Rules imposed a requirement which permitted third party support by someone other than the nominated sponsor. Held: The appeals succeeded.Lord Brown said: ‘The Rules are not to be construed with all the … Continue reading Mahad (Previously referred to as AM) (Ethiopia) v Entry Clearance Officer: SC 16 Dec 2009
A fear of persecution which was justified only historically, was insufficient to justify an asylum claim. The applicant must show justification for contemporary fears. The applicant had been granted exceptional leave to remain in the UK, but wanted full refugee status because of the additional rights that would bring. In each case an applicant had … Continue reading Adan v Secretary of State for the Home Department: HL 6 Apr 1998
The Tribunal had confirmed the appellant’s refugee status, but the respondent had ordered nevertheless that she be returned. The judge’s order setting aside that decision had been overturned in the Court of Appeal. Held: The claimant’s appeal failed. The Convention set two standards of protection for refugees. Article 33 prevented the return of anyone to … Continue reading ST Eritrea, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Mar 2012
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured that the matter was closed, resigned and took up the new post with … Continue reading Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis: Admn 25 Sep 2014
The claimants sought to prevent their removal and return to their countries of origin saying that as practising homosexuals they would face discrimination and persecution. They appealed against a judgment saying that they could avoid persecution by adapting their behaviour on return. In both countries practising homosexuality would risk imprisonment and in Iran, execution. Held: … Continue reading HJ (Iran) v Secretary of State for The Home Department; HT (Cameroon) v Same: SC 7 Jul 2010
The appellant had applied for leave to remain as a postgraduate doctor. Before her application was determined, the rules changed. She said that her application should have been dealt with under the rules applicable at the time of her application. Held: The appeal failed. The decision was to be taken under the Rules applying at … Continue reading Odelola v Secretary of State for the Home Department: HL 20 May 2009
The claimants sought asylum, fearing persecution as members of a social group. The fear of persecution had been found to be well founded, but that persecution was seen not to arise from membership of a particular social group. Held: The appeals succeeded. In order to found such a social group, the connection between the members … Continue reading Secretary of State for the Home Department v K, Fornah v Secretary of State for the Home Department: HL 18 Oct 2006
The appellant brought in policies which denied to asylum claimants who had failed to declare their status immediately upon entry, any shelter or support or the right to work. They were to be left to starve on the streets if they so wished. He appealed a finding that his behaviour amounted to the equivalent of … Continue reading The Secretary of State for the Home Department v Limbuela, Tesema, Adam: CA 21 May 2004
The claimant challenged the respondent’s decision to order the return of herself and her son to Lebanon. Held: The test for whether a claimant’s rights would be infringed to such an extent as to prevent their return home was a strict one, but in this case, the appeal was allowed, and the decision quashed. The … Continue reading EM (Lebanon) v Secretary of State for the Home Department: HL 22 Oct 2008
The Court was asked whether the Government can lawfully act in a manner which is inconsistent with an order of a judge which is defective, without first applying for, and obtaining, the variation or setting aside of the order. The appellant had been . .
The appellants had been refused refugee status on the ground that they were suspected of having been guilty of terrorist acts. They said that the definition of terrorism applied within the UK was wider than that in the Convention which contained the . .
The Home Secretary appealed against a grant of a judicial review to the respondent who had applied for asylum. The court had found that two other asylum applicants had been granted leave to remain on similar facts and on the appellants, and that it . .
(Grand Chamber) When considering the appropriateness of a deportation order to a country with which the deporting country had a memorandum of understanding that the destination country would not torture the deportee, a court must look beyond the . .
The claimant sought asylum, being an Iraqi Kurd. He was not told by the defendant of its policy not to require internal relocation within the Kurdish autonomous zone. The policy had been applied for the benefit of others, as was revealed only in . .
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