Joshi and Another, Regina (on The Application of) v Secretary of State for The Home Department: CA 15 May 2018

The appeal raises two issues: first, whether the application made by the first appellant was properly characterised as a human rights claim for the purposes of s.94(1) of the Nationality, Immigration and Asylum Act 2002; and second whether the decision on the application was void or nullified on the grounds of illegality?

Citations:

[2018] EWCA Civ 1108

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 22 April 2022; Ref: scu.616326

T v United Kingdom (Application 24724/94); V v United Kingdom (Application 24888/94): ECFI 17 Dec 1999

It was a breach of the human rights of a prisoner for a member of the Executive to set his sentencing tariff. That matter had to be decided by a court, or subject to a review by a court. The trial of young children in a very public forum had effectively denied to them any ability to participate in their own defence, and so had also been in breach of their rights to a fair trial. The trial itself of a ten year old was not necessarily inhuman or degrading treatment.

Citations:

Times 17-Dec-1999

Statutes:

European Convention on Human Rights Art 3, 6

Jurisdiction:

European

Criminal Sentencing, Human Rights, Administrative

Updated: 18 April 2022; Ref: scu.89684