Tesfamichael 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 Secretary of State to recognise her as a refugee and grant her leave to remain, saying: ‘I am satisfied that a determination of the ‘refugee’ status of the claimant in accordance with article 1 of the Refugee Convention was made by an appropriate tribunal, the AIT. The decision is binding upon the defendant and affords the claimant the protection of article 32(1). Accordingly I grant the relief sought by the claimant.’


Nicola Davies QC


[2008] EWHC 3162 (Admin)




England and Wales


AppliedSzoma v Secretary of State for the Department of Work and Pensions HL 28-Jul-2005
The applicant had claimed asylum on entry and was temporarily admitted. Though his claim for asylum was later refused, those admitted in this way were granted indefinite leave to remain. He had claimed and received benefits at first, but then these . .

Cited by:

Appeal fromSecretary 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. . .
At first instanceST 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 . .
Lists of cited by and citing cases may be incomplete.


Updated: 23 July 2022; Ref: scu.293971