Secretary of State for The Home Department v ST (Eritrea): CA 9 Jun 2010

The Secretary of State appealed against an order requiring him to recognise the respondent as a refugee and to grant permissions accordingly. His ddecision to order her return had been contrary to a finding of the Asylum and Immigration Tribunal.
Held: The appeal succeeded. Stanley Burnton LJ said that he would hold: ‘that article 32 applies only to a refugee who has been granted leave to enter and to stay in the United Kingdom. I would reject the contention that temporary admission or leave to enter for the purpose of the determination of a claim for asylum (or any other ground for claiming a right to stay) renders a stay lawful for the purpose of article 32. The purpose of article 32 is to give security of residence to a refugee who has been given the right to live in the contracting state in question.’
May P, Longmore LJ, Stanley Burnton LJ
[2010] EWCA Civ 643, [2010] 1 WLR 2858, [2010] 4 All ER 314
Bailii
Geneva Convention relating to the Status of Refugees (1951)
England and Wales
Citing:
Appeal fromTesfamichael v Secretary of State for the Home Department Admn 19-Dec-2008
The claimant sought judicial review of the decision to return her to Eritea despite a decision of the Asylum and Immigration Tribunal that she should be given leave to remain as a refugee.
Held: The application succeeded, and ordered the . .

Cited by:
Appeal fromST Eritrea, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Mar-2012
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 . .

These lists may be incomplete.
Updated: 25 February 2021; Ref: scu.416739