Tag: Immigration

Ali, Regina (on the Application of) v Secretary of State for the Home Department: Admn 5 Jul 2007

The applicants had first applied for asylum in 1999 and then been given leave to stay, but the husband not yet indefinite leave. The wife applied for naturalisation for herself and the children which was refused because the husband did not yet have indefinite leave.

Citations:

[2007] EWHC 1983 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 11 July 2022; Ref: scu.258803

A v United Kingdom: ECHR 1982

The Commission considered a complaint where entry clearance was refused for the Philippine fiancee of a disabled man of limited means on the basis that she did not have the means to maintain and support herself without access to public funds.
Held: The complaint was manifestly ill-founded. There was no evidence there would be any legal obstacles preventing the applicant from marrying his fiancee in the Philippines. The article 12 right: ‘does not, in principle, include the right to choose the geographical location of the marriage’ and ‘the Commission considers that the limitation of immigration possibilities to only those people who will definitely not create an economic burden on the host state is not of itself an unreasonable or arbitrary requirement’.

Citations:

9773/82, [1982] 5 EHRR 296

Statutes:

European Convention on Human Rights 8 12 14

Jurisdiction:

Human Rights

Cited by:

Cited – Baiai and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 10-Apr-2006
The respondent brought in laws restricting marriages between persons subject to immigration control, requiring those seeking non Church of England marriages to first obtain a certificate from the defendant that the marriage was approved. The . .
Cited – Secretary of State for the Home Department v Baiai and others CA 23-May-2007
The claimants challenged rules which meant that certain immigrants subject to immigration control were unable to marry, save only those marrying according to the rites of the Church of England.
Held: The rules were not justified by evidence . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 11 July 2022; Ref: scu.240354

FH and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 5 Jul 2007

Each claimant said that the defendant had failed to determine within a reasonable time their applications to be allowed to stay.

Judges:

Collins J

Citations:

[2007] EWHC 1571 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – ZO (Somalia) and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 28-Jul-2010
The Directive gave certain rights to asylum applicants. The claimants had applied for asylum, and on failing in their applications, renwewed them, claiming the rights under the Directive again. The respondent said that the rights applied only on a . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 11 July 2022; Ref: scu.254501

MA (Draft Evaders; Illegal Departures; Risk) Eritrea Cg: IAT 26 Jun 2007

IAT 1. A person who is reasonably likely to have left Eritrea illegally will in general be at real risk on return if he or she is of draft age, even if the evidence shows that he or she has completed Active National Service, (consisting of 6 months in a training centre and 12 months military service). By leaving illegally while still subject to National Service, (which liability in general continues until the person ceases to be of draft age), that person is reasonably likely to be regarded by the authorities of Eritrea as a deserter and subjected to punishment which is persecutory and amounts to serious harm and ill-treatment.
2. Illegal exit continues to be a key factor in assessing risk on return. A person who fails to show that he or she left Eritrea illegally will not in general be at real risk, even if of draft age and whether or not the authorities are aware that he or she has unsuccessfully claimed asylum in the United Kingdom.
3. This Country Guidance supplements and amends to the above extent the Country Guidance in IN (Draft evaders – evidence of risk) Eritrea CG [2005] UKIAT 00106, KA (draft-related risk categories updated) Eritrea CG [2005] UKAIT 00165, AH (Failed asylum seekers – involuntary returns) Eritrea CG [2006] UKAIT 00078 and WA (Draft-related risks updated – Muslim Women) Eritrea CG [2006] UKAIT 00079.

Citations:

[2007] UKAIT 00059

Links:

Bailii

Cited by:

Cited – GM (Eritrea) and others v Secretary of State for the Home Department CA 17-Jul-2008
The claimants sought the protection of the Refugee Convention against deportation to their native Eritrea. Their own accounts of their experiences were doubted, and they sought to rely upon the general country guidance to demonstrate the risks they . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 11 July 2022; Ref: scu.253679

Ma (Palestinian Arabs, Occupied Territories, Risk) Palestinian Territories CG: IAT 20 Feb 2007

IAT Merely being a Palestinian Arab in the Occupied Territories , even if male aged between 16-35 from the northern part of the West Bank, does not mean that a person would face on return a real risk of persecution, serious harm under paragraph 339C of the amended Immigration Rules or ill-treatment contrary to Article 3 of the ECHR. This Determination, made with the benefit of up-to-date and detailed background evidence, updates and replaces AB and others as country guidance.

Citations:

[2007] UKAIT 00017

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 10 July 2022; Ref: scu.249638

AA (Afghanistan) v Secretary of State for the Home Department: CA 29 Jan 2007

The asylum claimant had said that he was a minor when his case was first considered, but to the IAT said that at the time of that hearing any error was no longer material since he had now attained 18.
Held: A court should be very reluctant to allow that an error in law affecting a hearing could be cured in this way. The claimant had lost several possible advantages through the error, including partcularly the right to an in-country appeal. The appeal was allowed because the tribunal’s decision was not according to law, and also under section 87.

Judges:

Lord Justice Waller, Lord Justice Keene and Lord Justice Carnwath

Citations:

[2007] EWCA Civ 12, Times 02-Feb-2007

Links:

Bailii

Statutes:

Nationality, Immigration and Asylum Act 2002 87

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Immigration Appeals Tribunal ex parte and Similar CA 11-Oct-1996
The Court of Appeal could only deal with an appeal on points of law arising from the Immigration Appeal Tribunal’s decision. Consequently, it could only allow an appeal on points of law in respect of which the tribunal had jurisdiction, either . .
Cited – Miftari v Secretary of State for the Home Department CA 18-May-2005
The court emphasised the limited nature of the IAT’s jurisdiction under the 2002 Act, which is now restricted to considering points of law only: ‘Since the IAT now has jurisdiction to determine only points of law, it cannot put itself in the . .

Cited by:

Cited – Mandalia v Secretary of State for The Home Department SC 14-Oct-2015
The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 09 July 2022; Ref: scu.248278

KG (Review of Current Situation) Nepal CG: IAT 31 Oct 2006

IAT 1. The fact that conditions in a country are unstable or fluid does not necessarily mean the AIT will avoid producing country guidance decisions relating to risk categories in that country.
2. Generally speaking and given recent developments, it would only be in the exceptional case that an appellant could show a continuing risk of persecution or serious harm or treatment contrary to Article 3 by virtue of being perceived by the authorities in Nepal as a Maoist.
3. Similarly, it will only be in very limited cases that a person would be able to show he or she faces risk in his or her home area at the hands of the Maoists.
4. However, even those able to show a risk (from Maoists) on return to their home area (such as businessmen, industrialists and entrepeneurs), will generally have a viable internal relocation alternative in Kathmandu. Only in an exceptional case would this not be so.

Citations:

[2006] UKAIT 00076

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 08 July 2022; Ref: scu.246945

SS and others (Ankara Agreement, No In-Country Right of Appeal) Turkey: IAT 29 Sep 2006

IAT (i) failed Turkish asylum-seekers who seek to rely on ‘standstill’ provisions under the Ankara Agreement of 1963 by virtue of engaging in business or being self-employed in the UK (even assuming they have received an appealable immigration decision) do not have an in-country right of appeal under the legislative framework in place on 1 January 1973 (the relevant ‘standstill’ provisions);
(ii) assuming they have received an appealable immigration decision, those who lodged their appeals since the coming into force of the 2002 Act but before 4 April 2005 do have an in-country right of appeal under s.92(4)(a) of the Nationality, Immigration and Asylum Act 2002 as amended if they have made an asylum or human rights claim to the Secretary of State as defined in s.113(1) of that Act;
(iii) however, those who lodged or lodge their appeals since the coming into force of the 2002 Act but on or after 4 April 2005 (as did all four appellants in this case), (even assuming they have received an appealable immigration decision) cannot have an in-country right of appeal unless they have earlier made an asylum and human rights claim to the Secretary of State when applying under the Ankara Agreement

Citations:

[2006] UKAIT 00074

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 08 July 2022; Ref: scu.245503

Practice Note (Anonymisation In Asylum and Immigration Cases In the Court of Appeal): CA 31 Jul 2006

From October 2006, the names in cases involving asylum appeals will be anonymised, with a two character code, the country name, and a serial number as necessary. This would accord with practice in other European jurisdictions and would assist if eventually an applicant came to return to his home country.

Citations:

Times 24-Aug-2006, [2006] EWCA Civ 1359

Links:

Bailii

Jurisdiction:

England and Wales

Litigation Practice, Immigration

Updated: 08 July 2022; Ref: scu.245404

Murungaru v Secretary of State for the Home Department and others: Admn 4 Oct 2006

The claimant challenged the decision of the respondent that his continued presence in the UK would not be conducive to the public good. He had been given multiple entry visas which had been revoked.
Held: The refusal of entry interfered with the peaceful enjoyment of the claimant’s possessions (the right to obtain medical treatment), under the Convention, requiring justification in the public interest. However the Court could not determine this issue or the procedural challenges without examining the closed material. The court considered the appointment of a special counsel. ‘Once proportionality is engaged, and once that issue depends to any significant extent upon material which the claimant cannot see, then in my judgment fairness requires where his Convention rights are engaged that his interests are represented by an advocate who can make submissions to the court. Accordingly, in my view, the application for the appointment of special counsel is well-founded.’

Judges:

Keith J

Citations:

[2006] EWHC 2416 (Admin)

Links:

Bailii

Statutes:

European Convention on Human Rights

Citing:

Cited – In Re K (Infants) CA 2-Jan-1963
The court discussed the need for those appearing before tribunals to be given sufficient access to all the material placed before the judge. Upjohn LJ said: ‘It seems to be fundamental to any judicial inquiry that a person or other properly . .
Cited – Roberts v Parole Board HL 7-Jul-2005
Balancing Rights of Prisoner and Society
The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him.
Held: . .
Cited – Regina v H; Regina v C HL 5-Feb-2004
Use of Special Counsel as Last Resort Only
The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications.

Cited by:

See Also – Murungaru, Regina (on the Application of) v Secretary of State for the Home Department Admn 30-Nov-2006
The applicant, a former minister in the Government of Kenya challenged the revocation of entry visas. This had been done on the basis of evidence withheld from him, and the court considered the way in which that evidence could be used by the use of . .
See Also – Murungaru v Secretary of State for the Home Department and others CA 12-Sep-2008
The claimant was a former Kenyan minister. He had been visiting the UK for medical treatment. His visas were cancelled on the basis that his presence was not conducive to the public good. Public Interest Immunity certificates had been issued to . .
Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights

Updated: 07 July 2022; Ref: scu.245359

AK v Secretary of State for the Home Department: CA 31 Jul 2006

Citations:

[2006] EWCA Civ 1117, [2007] INLR 195

Links:

Bailii

Statutes:

Nationality, Immigration and Asylum Act 2002 82

Jurisdiction:

England and Wales

Cited by:

Cited – MS (Palestinian Territories) v Secretary of State for The Home Department SC 16-Jun-2010
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 . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 07 July 2022; Ref: scu.244094

FN (Article 8, Removal, Viable Options) Eritrea: IAT 18 Apr 2006

IAT The assessment of an in-country Article 8 claim will normally first require consideration of (i) whether there are insurmountable obstacles to the appellant’s family accompanying him or her abroad and then second, (ii) whether even if there exist such obstacles, there is a viable option of an entry clearance application.
The fact that before being able to apply for entry clearance a person may have to perform military service in his country of origin will not normally be a factor of any significance in assessing the proportionality of a return in the context of Article 8.

Citations:

[2006] UKAIT 00044

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Immigration, Human Rights

Updated: 06 July 2022; Ref: scu.241834

AH (Scope of S103A Reconsideration) Sudan: IAT 19 Apr 2006

Mr Ockelton: ‘If (despite some material error of law) an issue or matter has been properly and satisfactorily dealt with in the first decision, there is no reason why further time should be spend on it in the reconsideration. Although the Tribunal reconsidering the appeal has all the grounds of appeal before it, it also has – indeed it has just been considering – the previous decision, and it must be at liberty to adopt those parts which it considers are sound. The principle perhaps goes further that that. Because the process is a reconsideration, we would incline to the view that in general the Tribunal should always adopt those parts of a previous decision which are not shown to be unsound.’

Judges:

Mr Ockelton

Citations:

[2006] UKAIT 00038

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Swash v Secretary of State for the Home Department CA 26-Jul-2006
The appellant challenged refusal of the grant of leave to remain in the UK. The court was asked as to the approach to be adopted by the AIT on reconsideration of an appeal when it has concluded that there was an error of law in the original . .
Appeal from – AH (Sudan) and Others v Secretary of State for the Home Department CA 4-Apr-2007
. .
At IAT – Secretary of State for the Home Department v AH (Sudan) and others HL 14-Nov-2007
The three respondents had fled persecution in Darfur. They sought asylum which was refused, and they now appealed. It was argued that whilst they had a well founded fear of persecution in Dhafur, that would not apply if they returned to Khartoum. . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 06 July 2022; Ref: scu.241621

AA v Secretary of State for the Home Department; LK v Secretary of State for the Home Department: CA 12 Apr 2006

Where an asylum applicant could return voluntarily to his country of origin without there being any threat of persecution, there was nothing to base a claim that he was a refugee.

Citations:

Times 17-Apr-2006, [2006] EWCA Civ 401, [2007] 2 All ER 160

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – SK, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jan-2008
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 . .
Cited – SK, Regina (on the Application of) v Secretary of State for the Home Department Admn 25-Jan-2008
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 . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 05 July 2022; Ref: scu.240357

DA (EEA, Revocation of Residence Document) Algeria: IAT 9 Mar 2006

IAT Where a qualified person within the meaning of the Immigration (European Economic Area) Regulations 2000 leaves the United Kingdom, it is not inconsistent with relevant EU law for the United Kingdom to make provision for revocation of the residence document of the family member of the qualified person, as set out in Regulation 22(2)(b)(ii).

Citations:

[2006] UKAIT 00027

Links:

Bailii

Immigration

Updated: 05 July 2022; Ref: scu.240192

Regina v Makuwa: CACD 23 Feb 2006

The defendant appealed her conviction for using a false instrument (a passport) intending someone else to accept it as genuine.
Held: Once she had brought forward sufficient evidence to support a claim to asylum status, it was then for the prosecution to prove that she was not a refugee. The remaining elements of the defence were still for the defendant to establish. In this case the conviction was unsafe.

Judges:

Mr Justice Lloyd Lord Justice Moore-Bick His Honour Judge Findlay Baker QC

Citations:

[2006] EWCA Crim 175, Times 28-Apr-2006

Links:

Bailii

Statutes:

Forgery and Counterfeiting Act 1981 3, Immigration and Asylum Act 1999 31

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Governor of Pentonville Prison, Ex parte Fernandez: Fernandez v Government of Singapore HL 1971
Test for police protection need
The court considered the degree of risk to an individual which should give rise to a duty on the police to protect him under article 2.
Held: Lord Diplock said: ‘My Lords, bearing in mind the relative gravity of the consequences of the court’s . .
Cited – Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
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: . .
Cited – Regina v Secretary of State for the Home Department ex parte Bugdaycay HL 19-Feb-1986
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without . .
Cited – Regina v Johnstone HL 22-May-2003
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 . .
Cited – Regina v Home Secretary, ex parte Sivakumaran HL 16-Dec-1987
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the . .
Cited – Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu Admn 29-Jul-1999
The three asylum seeker appellants arrived in the United Kingdom at different times in possession of false passports. They were prosecuted for possession or use of false documents contrary to section 5, and for obtaining air services by deception . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
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 . .
Cited – Regina v Fraydon Navabi; Senait Tekie Embaye CACD 11-Nov-2005
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 . .
Cited – Regina v Sectretary of State for the Home Department ex parte Razgar etc HL 17-Jun-2004
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was . .

Cited by:

Cited – Evans, Regina v CACD 23-Jan-2013
The defendant appealed against his conviction in a case concerning the use of a false passport. The central issue was whether the appellant had a defence based upon the proposition that he was a refugee entitled to asylum in this country. He had . .
Lists of cited by and citing cases may be incomplete.

Crime, Immigration

Updated: 05 July 2022; Ref: scu.239866

Ahmadi and Another, Regina (on the Application of) v Secretary of State for the Home Department: CA 12 Dec 2005

Of two brothers, one sought to remain here to protect the other (a refugee settled here) from the consequences of his florid schizophrenia.
Held: The appeal was allowed. The brother settled here had brought contingent separate proceedings in case they proved necessary.

Citations:

[2005] EWCA Civ 1721

Links:

Bailii

Statutes:

Immigration and Asylum Act 1999 811

Jurisdiction:

England and Wales

Citing:

Appeal from – Ahmadi and Another, Regina (on the Application of) v Secretary of State for the Home Department Admn 14-Apr-2005
. .

Cited by:

Cited – Beoku Betts v Secretary of State for the Home Department HL 25-Jun-2008
The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 05 July 2022; Ref: scu.238624

Amy Rockler v Forsakringskassan, formerly Riksforsakringsverke (Free Movement Of Persons): ECJ 16 Feb 2006

ECJ Freedom of movement for workers – Officials and servants of the European Communities – Parental benefits – Taking into account of the period of affiliation to the Joint Sickness Insurance Scheme of the European Communities.

Citations:

C-137/04, [2006] EUECJ C-137/04

Links:

Bailii

Jurisdiction:

European

Immigration

Updated: 05 July 2022; Ref: scu.238547

Torun v Stadt Augsburg, intervening: Vertreter des Bundesinteresses beim Bundesverwaltungsgericht, Landesanwaltschaft Bayern: ECJ 16 Feb 2006

ECJ (External Relations) EEC-Turkey Association – Freedom of movement for workers – Article 7, second paragraph, of Decision No 1/80 of the Association Council – Child of a Turkish worker who has reached the age of majority and completed a course of vocational training in the host Member State – Criminal conviction – Effect on right of residence.

Citations:

C-502/04, [2006] EUECJ C-502/04

Links:

Bailii

Jurisdiction:

European

Immigration

Updated: 05 July 2022; Ref: scu.238549

LL (Falun Gong, Convention Reason, Risk) China CG: IAT 9 Aug 2005

This determination is reported for its consideration of the availability of ‘imputed political opinion’ as a 1951 Convention reason as described in paragraphs 26-33, and of the risk to Falun Gong practitioners at various levels as described in paragraphs 34-38.

Citations:

[2005] UKAIT 00122

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 03 July 2022; Ref: scu.229374

Singh v Secretary of State for the Home Department: IHCS 27 Jan 1999

It was wrong to say that an asylum seeker had the option of internal flight where, having once fled, he had been informed that he was being sought by the police and would be returned to the part where he had a well founded fear of persecution.

Citations:

Times 27-Jan-1999

Statutes:

Asylum and Immigration Appeals Act 1993

Jurisdiction:

Scotland

Immigration

Updated: 03 July 2022; Ref: scu.89279

Ali, Regina (on the Application of) v Secretary of State for Home Department: Admn 28 Oct 1999

Rules 281(v) and 297(iv) did not preclude long-term maintenance by third parties as supporting an application for permission for a family member to enter the UK.

Judges:

Collins J

Citations:

[1999] EWHC Admin 830, [2000] INLR 89, [2000] Imm AR 134

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Mahad (Previously referred to as AM) (Ethiopia) v Entry Clearance Officer SC 16-Dec-2009
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.
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 01 July 2022; Ref: scu.228315

Starred Slimani (Content of Adjudicator Determination) Algeria: IAT 12 Dec 2001

Citations:

[2001] UKIAT 00009, [2001] UKIAT 01TH00092

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’) 1993
Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following:

1. Expert evidence presented to the Court should be, and should be seen to be, the . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 01 July 2022; Ref: scu.227136

Starred Gardi (Asylum, KAA, Internal Flight Alternative) Iraq: IAT 16 Nov 2001

Citations:

[2001] UKIAT 00017

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Gardi v Secretary of State for the Home Department CA 24-May-2002
The applicant was an ethnic Kurd who claimed asylum, having fled Iraq.
Held: To establish a claim, he must show that because of a well founded fear of persecution for a Convention reason, he was outside his country and unable or, because of . .
See Also – Azad Gardi v Secretary of State for the Home Department (No 2) CA 22-Oct-2002
The Home Secretary sought to appeal against the decision of the Immigration Appeal Tribunal.
Held: The IAT had been reviewing a decision of an adjudicator in Scotland. Accordingly, any appeal against the IAT decision lay to the Court of . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 01 July 2022; Ref: scu.227133