The appellant argued that he had a legitimate expectation, based on letters to his solicitor from the Secretary of State, that his application for asylum would be considered pursuant to the Dublin Convention, an unincorporated international treaty.
Held: The appeal was dismissed: ‘The extent to which statements could found a legitimate expectation depended upon the circumstances in which they were made: whether, reasonably construed, they could be taken as propounding a policy, or were merely statements applicable to particular cases or classes of cases. Regard had to be given to the background against which they were made and, if made against the background of statutory provisions, to the terms of the Act and any relevant rules.’
Citations:
[1998] EWCA Civ 788, [1998] IAR 407
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Secretary of State for Home Department ex parte Milazim Behluli Admn 8-Apr-1998
. .
Cited by:
Appealed to – Regina v Secretary of State for Home Department ex parte Milazim Behluli Admn 8-Apr-1998
. .
Cited – European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another CA 20-May-2003
A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now . .
Lists of cited by and citing cases may be incomplete.
Immigration, Administrative
Updated: 18 November 2022; Ref: scu.144266