Search for: "Laws v. Secretary of State"
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7 May 2009, 1:51 am
Regina (Nasseri) v Secretary of State for the Home Department House of Lords “As there was no evidence that Greece was a place from which a foreign asylum seeker would be deported to his own country to face inhuman and degrading treatment, there was nothing incompatible with the European Convention on Human Rights in a statutory provision [...] [read post]
9 Apr 2009, 2:32 am
TK (Burundi) v Secretary of State for the Home Department Court of Appeal “An immigration judge was entitled to reject an applicant's assertion unsupported by readily available independent evidence. [read post]
3 Nov 2009, 2:28 am
Regina (Chester) v Secretary of State for Justice and Another Queen’s Bench Division “An English court would not make a declaration that existing national legislation was incompatible with the European Convention on Human Rights where there was a ruling by a Scottish court in respect of the same or similar legislation and where the government was in [...] [read post]
9 Apr 2009, 2:34 am
Hussain (Zakir) v Secretary of State for the Home Department Court of Appeal “Evasion of immigration controls for a long time was not in itself a reason for deciding that an applicant, unlawfully in the United Kingdom, should not be allowed to stay. [read post]
6 Oct 2009, 2:05 am
MA (Pakistan) v Secretary of State for the Home Department Court of Appeal “It was not only cases involving children where it should be rare to dismiss an immigration appeal founded on article 8 of the European Convention of Human Rights, protecting the right to family life, on the ground that the claimant should apply for leave [...] [read post]
20 Aug 2009, 2:22 am
Regina (F) v Secretary of State for Justice Court of Appeal “The absence of a right of review at any time of notification requirements imposed upon offenders who had been placed on the sex offenders register indefinitely was a disproportionate interference with the right to respect for private and family life. [read post]
12 Dec 2008, 10:18 am
Regina (Wellington) v Secretary of State for the Home Department House of Lords “A mandatory sentence of life imprisonment without eligibility for parole which would be imposed on a prisoner convicted of two offences of murder in the first degree did not amount to inhuman or degrading punishment so as to justify a refusal to extradite him [...] [read post]
23 Jun 2009, 1:40 am
AS (Somalia) v Secretary of State for the Home Department House of Lords “The statutory provision that on hearing an appeal against a refusal of entry clearance the adjudicator or tribunal could have regard only to the circumstances appertaining at the time of the decision to refuse and could have no regard to any subsequent change in [...] [read post]
25 Mar 2011, 3:48 am
Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] [2011] UKSC 12;; [2011] WLR (D) 100 ”The unlawful exercise by the Secretary of State of the power to detain foreign national prisoners gave rise to a private law… [read post]
17 Mar 2014, 6:49 am
The post Case Comment: EM v Secretary of State for the Home Department appeared first on UKSCBlog. [read post]
15 Apr 2008, 1:36 am
Othman (Jordan) v Secretary of State for the Home Department Court of Appeal “A foreign national could not be deported on national security grounds to a state where he was at real risk of being tried on evidence obtained by torture because such an expulsion would contravene his right to a fair trial guaranteed by article 6 of the European Convention on Human Rights. [read post]
2 Dec 2008, 10:32 am
Regina (JL) (a Youth) v Secretary of State for Justice House of Lords “A near-suicide in custody which resulted in the prisoner's mental incapacity triggered the state’s obligation to institute an independent initial investigation which complied with article 2 of the European Convention on Human Rights, protecting the right to life. [read post]
13 Aug 2008, 8:33 am
Regina (Baiai and Another) v Secretary of State for the Home Department House of Lords “Speeches July 30, 2008 The statutory scheme requiring the permission of the Secretary of State for the Home Department for marriage by people who were subject to immigration control or were illegal entrants was disproportionate and infringed the right to marry protected by article 12 of the European Convention on Human Rights. [read post]
21 Oct 2009, 1:53 am
Regina (Child Poverty Action Group) v Secretary of State for Work and Pensions Court of Appeal “Where the cause of an overpayment of social security benefits was neither misrepresentation nor non-disclosure, the Secretary of State for Work and Pensions was not entitled to resort to common law to recover the money paid. [read post]
9 May 2007, 2:13 am
Discrimination by nationality is not racial bias Regina (Dost Mohammed) v. [read post]
3 May 2011, 2:18 am
Okafor v Secretary of State for the Home Department [2011]EWCA Civ 499; [2011] WLR (D) 146 “Where a EU citizen resident in the United Kingdom had died before acquiring a right to permanent residence her family members did not have rights to permanent residence simply by having resided for five years under a lawful residence permit. [read post]
13 May 2008, 1:47 am
Alton and Others v Secretary of State for the Home Department Court of Appeal “An organisation that had no capacity to carry on terrorist activities and was taking no steps to acquire such capacity or otherwise to promote or encourage terrorist activities could not be said to be concerned in terrorism simply because its leaders had the contingent intention to resort to terrorism in the future. [read post]
1 May 2007, 2:08 am
Secretary of State for Work and Pensions Queen’s Bench Divisional Court “Liability to repay overpaid social security benefit occurring prior to a bankruptcy was a bankruptcy debt. [read post]
26 Mar 2008, 3:38 am
Regina (Rayner) v Secretary of State for Justice Court of Appeal “The statutory scheme dealing with the referral of a recalled mental patient to a mental health review tribunal was not incompatible with the patient's rights under article 5.4 of the European Convention on Human Rights. [read post]
25 Apr 2008, 2:36 am
Secretary of State for the Home Department v AF (No 3) Queen’s Bench Division “Fair trial provisions guaranteed by the European Convention on Human Rights could not be overcome by a claim that the offended party's case had no possible chance of success. [read post]
