Tag: Immigration

Maharjan, Regina (on The Application of) v Secretary of State for The Home Secretary: Admn 14 Dec 2016

Application for permission to apply for judicial review of the defendant’s decision to reject their application for leave to remain on humanitarian grounds under the immigration rules and its certification as clearly unfounded and also their detention.

Citations:

[2016] EWHC 3719 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 27 March 2022; Ref: scu.589902

QUB v Secretary of State for The Home Department: Admn 28 Jun 2017

Claim for judicial review, the Claimant challenges the lawfulness of the Defendant’s decisions to detain him in February 2016, and to continue to detain him until March 2016, when he was released.

Citations:

[2017] EWHC 1494 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Discrimination, Prisons, Immigration

Updated: 27 March 2022; Ref: scu.588891

ZMM (Article 15(C)) Libya CG: UTIAC 28 Jun 2017

The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to a threat to his life or person.

Citations:

[2017] UKUT 263 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 27 March 2022; Ref: scu.588811

Eisa, Regina (on The Application of) v Secretary of State for The Home Department (Dublin; Articles 27 and 17): UTIAC 24 May 2017

(1) Judicial review is a remedy of sufficient flexibility to comply with Article 27(1) of Regulation 604/2013 (Dublin III).
(2) Since an applicant is allowed to remain while this review is being dealt with, there is a suspension of the 6 months within which transfer must be effected in accordance with Article 27(3) of Dublin III.
(3) There is no obligation on the Secretary of State to exercise the power under Article 17 to deal with a claim and, albeit a refusal to exercise the discretion under Article 17 is judicially reviewable, it would require wholly exceptional circumstances to justify any relief being granted if otherwise there was no bar to transfer.

Citations:

[2017] UKUT 261 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 27 March 2022; Ref: scu.588807

RM, Regina (on The Application of) v Secretary of State for The Home Department (Dublin; Article 27 ; Procedure): UTIAC 11 May 2017

(1) The scope of a challenge to a transfer decision brought, pursuant to art. 27 of Regulation 604/13 (Dublin III), on the basis that the decision infringes the second subparagraph of art. 19(2) of Dublin III is limited to ‘traditional’ public law grounds.
(2) Section 15(5A) of the Tribunals, Court and Enforcement Act 2007 applies to applications for judicial review, in which the application for permission to bring such proceedings was received by the Upper Tribunal on, or after, 8 August 2016.

Citations:

[2017] UKUT 260 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 27 March 2022; Ref: scu.588809

JK, Regina (on The Application of) v Secretary of State for The Home Department: CA 22 Jun 2017

‘challenge to a decision by the Secretary of State for the Home Department (‘the Respondent’) as to the weekly rate of asylum support paid for child dependants of asylum seekers. Underlying the challenge, however, are questions as to the proper province of the Judiciary and that of the Executive in matters such as this.’

Judges:

Hallett, Gross, Irwin LJJ

Citations:

[2017] EWCA Civ 433, [2017] WLR(D) 416

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Constitutional, Benefits, Immigration

Updated: 27 March 2022; Ref: scu.588325

The Secretary of State for The Home Department v MM (Zimbabwe): CA 22 Jun 2017

The court was asked whether it was open to the Secretary of State to revoke the claimant’s refugee status relying on changes in the circumstances of the home country.

Judges:

Black, Sales, Henderson LJJ

Citations:

[2017] EWCA Civ 797, [2017] WLR(D) 418

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Immigration

Updated: 27 March 2022; Ref: scu.588332

Khan v Secretary of State for The Home Department: CA 8 Jun 2017

The claimant had sought judicial review of the respondent’s refusal to him of extended leave to remain. The Upper Tribunal had rejected his claim for review saying that he had not taken the aveune of an appeal to the First-Tier Tribunal.
Held: The appeal succeeded. The Upper Tribunal should have looked at the case on its merits despite the availability of the alternate remedy. Permission to bring review had been granted, and the Tribunalshould have considered the waste of time and costs and the disappointment created.

Judges:

Gross, Underhill LJJ

Citations:

[2017] EWCA Civ 424, [2017] WLR(D) 394

Links:

Bailii, WLRD

Statutes:

Immigration Act 1971 3C

Jurisdiction:

England and Wales

Immigration

Updated: 27 March 2022; Ref: scu.588201

Britcits v The Secretary of State for The Home Department: CA 24 May 2017

Appeal from rejection of application for judicial review seeking to quash provisions of the Immigration Rules introduced in 2012 on the admission to the UK of adult dependant relatives of British citizens, persons settled in the UK and those in the UK pursuant to refugee leave or humanitarian protection.

Judges:

Sie Terence Etherton MR, Davis, Sales LJJ

Citations:

[2017] EWCA Civ 368

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 26 March 2022; Ref: scu.584523

Kastrati And Others (Right of Asylum): ECJ 3 May 2012

ECJ Dublin system – Regulation (EC) No 343/2003 – Procedure for determining the Member State responsible for examining an asylum application – Third-country nationals in possession of a valid visa issued by the ‘Member State responsible’ within the meaning of Regulation No 343/2003 – Asylum application lodged in a Member State other than the State responsible pursuant to that regulation – Application for a residence permit in a Member State other than the State responsible followed by the withdrawal of the asylum application – Withdrawal occurring before the Member State responsible accepted that it should take charge – Withdrawal terminating the procedures set up by Regulation No 343/2003

Citations:

[2012] EUECJ C-620/10, [2012] WLR(D) 139, [2013] 1 WLR 1

Links:

Bailii, WLRD

Jurisdiction:

European

Citing:

See Also – Kastrati And Others (Right of Asylum) ECJ 12-Jan-2012
ECJ Right of asylum – Regulation (EC) No 343/2003 – Determination of the Member State responsible for examining an asylum application – Entry by means of a Schengen visa – Lodging of an asylum application in a . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 26 March 2022; Ref: scu.584361

Amirteymour v The Secretary of State for The Home Department: CA 10 May 2017

This appeal is concerned with the extent to which an individual appealing to the First-tier Tribunal (‘FTT’) against a decision of the Secretary of State to refuse to issue a derivative residence card under the Immigration (European Economic Area) Regulations 2006 (‘the EEA Regulations’) is entitled to introduce a distinct human rights claim for leave to remain in the United Kingdom in that appeal.

Judges:

Beatson, Ryder SPT, Sales LJJ

Citations:

[2017] EWCA Civ 353

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights, European

Updated: 25 March 2022; Ref: scu.583646

LC (Albania) v The Secretary of State for The Home Department and Another: CA 9 May 2017

The court was asked whether the guidance upon the correct approach to sexual orientation asylum claims given by the Supreme Court in HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31; [2011] 1 AC 592 (‘HJ (Iran)’) still hold good?

Judges:

Beatson, David Richards, Hickinbottom LJJ

Citations:

[2017] EWCA Civ 351, [2017] WLR(D) 318

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 25 March 2022; Ref: scu.583656

Kajuga, Regina (on The Application of) v Secretary of State for The Home Department: CA 5 Apr 2017

Appeal from dismissal of application for a declaration that the claimant had been unlawfully detained by the UK immigration authorities between 10 November 2011 and 22 March 2012.

Judges:

McFarlane, Flaux LJJ

Citations:

[2017] EWCA Civ 240

Links:

Bailii

Jurisdiction:

England and Wales

Torts – Other, Immigration

Updated: 24 March 2022; Ref: scu.581431

El-Qaddafi v Council: ECFI 28 Mar 2017

(Judgment : Common Foreign and Security Policy – Restrictive Measures Taken Against Libya – Freezing of Funds) Common foreign and security policy – Restrictive measures taken against Libya – Freezing of funds – Restrictions on the entry into and transit through the territory of the European Union – Retention of the applicant’s name – Rights of the defence – Obligation to state reasons

Citations:

ECLI:EU:T:2017:227, [2017] EUECJ T-681/14

Links:

Bailii

Jurisdiction:

European

Immigration

Updated: 24 March 2022; Ref: scu.581152

Awuku v Secretary of State for The Home Department: CA 23 Mar 2017

Appeal by Mr Awuku against a decision allowing the Secretary of State’s appeal against a decision allowing an appeal against the decision of the Secretary of State for the Home Department refusing the appellant’s application for a residence card as a confirmation of a right to reside in the United Kingdom on the ground that the appellant was not the ‘spouse’ of an EEA national for the purposes of Regulation 7 of the EEA Regulations.

Judges:

Llloyd Jones, King, Lindblom LJJ

Citations:

[2017] EWCA Civ 178

Links:

Bailii

Statutes:

Immigration (European Economic Area) Regulations 2006 7

Jurisdiction:

England and Wales

Immigration

Updated: 24 March 2022; Ref: scu.581067

Mukarubega v Prefect of Police, Prefect of the Seine-Saint-Denis: ECJ 5 Nov 2014

ECJ Reference for a preliminary ruling – Visa, asylum, immigration and other policies relating to the free movement of persons – Directive 2008/115 / EC – Return of illegally staying third-country nationals – Procedure for the adoption of a return order – Principle Observance of the rights of the defense – Right of an irregular third-country national to be heard before the adoption of a decision likely to affect his interests – Refusal of the administration, with an obligation to leave The territory, to grant such a national a residence permit in respect of asylum – Right to be heard before the return decision is rendered

Citations:

ECLI:EU:C:2014:2336, [2014] EUECJ C-166/13

Links:

Bailii

Statutes:

Directive 2008/115/EC

Jurisdiction:

European

Citing:

Opinion – Mukarubega v Prefect of Police, Prefect of the Seine-Saint-Denis ECJ 25-Jun-2014
ECJ Advocate General’s Opinion – Area of freedom, security and justice – Directive 2008/115/EC – Return of third-country nationals residing – Procedure for the adoption of a decision to return – Principle of . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 23 March 2022; Ref: scu.580912

Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker.
Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied destitute asylum seekers were excluded from benefit, and they had to rely upon the respondent. The House considered the value of the Explanatory notes now published with Acts: ‘Insofar as the Explanatory Notes cast light on the objective setting or contextual scene of the statute, and the mischief at which it is aimed, such materials are therefore always admissible aids to construction. They may be admitted for what logical value they have.’ Lord Steyn: ‘The starting point is that language in all legal texts conveys meaning according to the circumstances in which it was used. It follows that the context must always be identified and considered before the process of construction or during it. It is therefore wrong to say that the court may only resort to evidence of the contextual scene when an ambiguity has arisen.’

Judges:

Steyn, Slynn, Hoffmann, Millett and Rodger LL

Citations:

Times 18-Oct-2002, [2002] UKHL 38, [2002] 1 WLR 2956, [2002] 4 All ER 654, [2002] HLR 58, (2002) 5 CCL Rep 511, [2003] BLGR 23

Links:

House of Lords, Bailii

Statutes:

National Assistance Act 1948 21, Immigration and Asylum Appeals Act 1999 95 116

Jurisdiction:

England and Wales

Citing:

Cited – Prenn v Simmonds HL 1971
Backgroun Used to Construe Commercial Contract
Commercial contracts are to be construed in the light of all the background information which could reasonably have been expected to have been available to the parties in order to ascertain what would objectively have been understood to be their . .
Cited – Reardon Smith Line Ltd v Yngvar Hansen-Tangen (The ‘Diana Prosperity’) HL 1976
In construing a contract, three principles can be found. The contextual scene is always relevant. Secondly, what is admissible as a matter of the rules of evidence under this heading is what is arguably relevant, but admissibility is not decisive. . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – River Wear Commissioners v Adamson HL 1877
It was not necessary for there to be an ambiguity in a statutory provision for a court to be allowed to look at the surrounding circumstances.
As to the Golden Rule of interpretation: ‘It is to be borne in mind that the office of the judge is . .
Cited – Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
Cited – Robinson v Secretary of State for Northern Ireland and Others HL 25-Jul-2002
The Northern Ireland Parliament had elected its first minister and deputy more than six weeks after the election, but the Act required the election to be within that time. It was argued that as a creature of statute, the Parliament could not act . .
Cited – Regina v Westminster City Council ex parte A, London Borough of Lambeth ex parte X and similar CA 17-Feb-1997
This was an appeal from orders of certiorari quashing the decisions of three local authorities refusing to provide accommodation for the respondents, four asylum seekers, whose applications for asylum were presently being considered by the Secretary . .
Cited – Regina v Wandsworth London Borough Council, Ex Parte O; Leicester City Council, Ex Parte Bhikha CA 7-Sep-2000
The applicants were immigrants awaiting determination of their applications for exceptional leave to remain, and who came to suffer from serious illness. Each applied for and was refused assistance from their local authority.
Held: The . .
Cited – Wahid v London Borough of Tower Hamlets CA 7-Mar-2002
Gilliatt The appellant suffered from schizophrenia. He was refused permission to apply for judicial review and for orders requiring the local authority not just to provide suitable accommodation but better . .
Appeal from – Westminster City Council v National Asylum Support Service CA 10-Apr-2001
. .
At first instance – Westminster City Council v National Asylum Support Service Admn 27-Feb-2001
. .

Cited by:

Cited – Regina (on the Application of Mani) v London Borough of Lambeth CA 9-Jul-2003
Where a destitute and disabled asylum seeker had a clear need for care and attention, the local authority had a duty to provide it. The claimant was an asylum seeker, with impaired mobility and a history of mental halth difficulties. At first he was . .
Cited – Regina (on the Application of A) v National Asylum Support Service, London Borough of Waltham Forest CA 23-Oct-2003
A family of asylum seekers with two disabled children would be destitute without ‘adequate’ accommodation. What was such accommodation?
Held: The authority was under an absolute duty to house such a family. In satisfying such duty, it was . .
Cited – Regina, ex parte O v The London Borough of Haringey, The Secretary of State for the Home Department CA 4-May-2004
The court considered the duties of local authorities to support infirm asylum seekers with children.
Held: The authority had an obligation to support the adult, but the responsibility for the children fell on the National Asylum Support . .
Applied – S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper HL 22-Jul-2004
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 . .
Cited – Attorney General’s Reference (No 5 of 2002) HL 14-Oct-2004
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, . .
Cited – Regina v Montila and Others HL 25-Nov-2004
The defendants faced charges under the two Acts. They raised as a preliminary issue whether it is necessary for the Crown to prove that the property being converted was in fact the proceeds, in the case of the 1994 Act, of drug trafficking and, in . .
Cited – In re P (a minor by his mother and litigation friend); P v National Association of Schoolmasters/Union of Women Teachers HL 27-Feb-2003
The pupil had been excluded from school but then ordered to be re-instated. The teachers, through their union, refused to teach him claiming that he was disruptive. The claimant appealed a refusal of an injunction. The injunction had been refused on . .
Cited – Phillips v Rafiq and Motor Insurers Bureau (MIB) CA 13-Feb-2007
The MIB appealed from a judgment making it liable for an award of damages to the estate of the deceased who had been a passenger in a vehicle which he knew to be being driven without insurance. The estate had not sued the MIB directly, but first . .
Cited – King v The Serious Fraud Office CACD 18-Mar-2008
Restraint and Disclosure orders had been made on without notice applications at the request of South Africa. The applicant appealed a refusal of their discharge.
Held: Such orders did not apply to the applicant’s assets in Scotland. The orders . .
Cited – M, Regina (on the Application of) v Slough Borough Council HL 30-Jul-2008
The House was asked ‘whether a local social services authority is obliged, under section 21(1)(a) of the 1948 Act, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only . .
Cited – Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd and Another TCC 10-Oct-2008
The parties had agreed for the sale of land under an option agreement. The builder purchasers now sought to exercise rights to adjust the price downwards.
Held: The provisions had been intended and had achieved a prompt and binding settlement . .
Cited – Mucelli v Government of Albania (Criminal Appeal From Her Majesty’s High Court of Justice) HL 21-Jan-2009
The House was asked whether someone who wished to appeal against an extradition order had an obligation also to serve his appellant’s notice on the respondent within the seven days limit, and whether the period was capable of extension by the court. . .
Cited – Rollins, Regina v SC 28-Jul-2010
The court was asked whether the Financial Services Authority had a power to prosecute money laundering offences under the 2002 Act, or whether, as contended by the defendant, its powers were limited to sections under the 2000 Act.
Held: The . .
Cited – Oceanbulk Shipping and Trading Sa v TMT Asia Ltd and Others SC 27-Oct-2010
The court was asked whether facts which (a) are communicated between the parties in the course of without prejudice negotiations and (b) would, but for the without prejudice rule, be admissible as part of the factual matrix or surrounding . .
Cited – Horton v Henry CA 7-Oct-2016
No obligation on bankrupt to draw on pension fund
The trustee in bankruptcy appealed against a decision dismissing his application for an income payments order pursuant to section 310 of the 1986 Act in respect of income which might become payable to the respondent from his personal pension . .
Cited – Hutchings, Re Application for Judicial Review SC 6-Jun-2019
The appellant, a former army officer challenged proceedings against him as to the death of a civilian shot in Northern Ireland in 1974. His trial had been certified for trial by judge alone, and without a jury under section 1 of the 2007 Act.
Lists of cited by and citing cases may be incomplete.

Local Government, Health, Immigration, Benefits, Human Rights

Leading Case

Updated: 23 March 2022; Ref: scu.177452

Rahman v Secretary of State for The Home Department: CA 19 Dec 2005

Appeal against a decision of the AIT dismissing the appellant’s appeal against the determination of the adjudicator in his turn dismissing the appellant’s appeal against a decision of the Secretary of State refusing the appellant’s asylum claim and setting directions for her removal to Iraq.

Judges:

Ward, Laws, Sedley LJJ

Citations:

[2005] EWCA Civ 1826, [2006] Imm AR 283

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 09 February 2022; Ref: scu.579721

Eschenbrenner v Bundesagentur fur Arbeit: ECJ 2 Mar 2017

ECJ (Judgment) Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Regulation (EU) No 492/2011 – Article 7 – Equal treatment – Frontier worker subject to income tax in the Member State of residence – Benefit paid by the Member State of employment in the event of the employer’s insolvency – Detailed rules for the calculation of the insolvency benefit – Notional taking into account of the income tax of the Member State of employment – Insolvency benefit lower than the previous net remuneration – Bilateral convention for the avoidance of double taxation

Citations:

ECLI:EU:C:2017:152, [2017] EUECJ C-496/15

Links:

Bailii

Jurisdiction:

European

Employment, Immigration

Updated: 09 February 2022; Ref: scu.579674

London School of Science and Technology, Regina (on The Application of) v Secretary of State for The Home Department: Admn 8 Mar 2017

The Claimant sought judicial review of the Defendant’s decision to revoke LSST’s Tier 4 sponsor licence, and revocation of LSST’s Tier 2 licence which occurred at the same time.

Judges:

Sara Cockerill QC DHCJ

Citations:

[2017] EWHC 423 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Education

Updated: 09 February 2022; Ref: scu.579634

ZS, Regina (on The Application of) v Secretary of State for The Home Department: Admn 3 Feb 2017

The claimant, a 15 year olf Afghan boy was an unaccompanied refugee child who was for an appreciable period of time residing in the camp in Calais in France. He sought refuge underthe ‘Dubs’ amendment.

Judges:

Holman J

Citations:

[2017] EWHC 255 (Admin)

Links:

Bailii

Statutes:

Immigration Act 2016 67

Jurisdiction:

England and Wales

Immigration, Children

Updated: 09 February 2022; Ref: scu.579629