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12 Mar 2012, 3:57 am
Miah and others v Secretary of State for the Home Department [2012] EWCA Civ 261; [2012] WLR (D) 68 “There was no ‘near-miss’ principle in relation to immigration policy such that there was no presumption that those falling just outside the policy should be treated as though they were within it or given special consideration for that reason.” WLR Daily, 7th March 2012 Source: www.iclr.co.uk [read post]
27 Jul 2007, 2:32 am
Secretary of State for the Home Department [2007] EWCA Civ 769 “Judicial review remained unavailable in respect of the refusal by the Asylum and Immigration Tribunal to grant permission to appeal against an immigration judge's decision. [read post]
7 Jan 2009, 1:52 am
CL (Vietnam) v Secretary of State for the Home Department Court of Appeal “Where an unaccompanied child seeking asylum appealed against the refusal of his claim and removal directions, it was necessary for the immigration judge, when considering that child's human rights, to determine whether the reception facilities for the child on return were adequate. [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]
17 Jul 2009, 3:22 am
AP v Secretary of State for the Home Department [2009] EWCA Civ 731; [2009] WLR (D) 243 “The cumulative impact of other obligations imposed under a control order the core element of which was a 16-hour daily curfew could not provide a tipping point where, taking account of the conditions and circumstances, a curfew of 16 [...] [read post]
23 Jul 2008, 9:07 am
GO and Others v Secretary of State for the Home Department Court of Appeal “Overseas students could change their courses but if they wanted an extension of stay in the United Kingdom, they had to be able to produce evidence of satisfactory progress, whether on the course named in the application for entry clearance or on another recognised course. [read post]
8 May 2009, 3:03 am
Regina (Nasseri) v Secretary of State for the Home Department [2009] UKHL 23; [2009] WLR (D) 148 “The irrebuttable presumption, laid down in paras 2 and 3 of Pt 1 of Sch 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, that a foreign national who entered the United Kingdom via Greece could [...] [read post]
2 Jun 2008, 1:56 am
MO (Nigeria) v Secretary of State for Home Department Court of Appeal “Where no transitional provisions existed, applications made under a previous regime of rules would be adjudged under the current replacement rules. [read post]
5 Sep 2007, 2:07 am
Continued detention of failed asylum-seeker is lawful Regina (A) v Secretary of State for the Home Department Court of Appeal “The continued detention, pending deportation, of a failed asylum-seeker after the end of a term of imprisonment because the safety of the public would be at risk and there was a high risk that he would abscond, was not unlawful. [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 action for the tort of… [read post]
6 Oct 2008, 9:00 am
R (Limbu and Others) v Secretary of State for the Home Department and Others; [2008] WLR (D) 304 “It was irrational for the Home Secretary to rely on the discretionary policy relating to settlement entry for Gurkha veterans where discretion could only be exercised in favour of indefinite leave to remain on the basis of restrictive express factors. [read post]
25 Feb 2011, 2:03 am
R (Mirza and others) v Secretary of State for the Home Department [2011] EWCA Civ 159; [2011] WLR (D) 55 “The Home Secretary, when refusing to extend a foreign national’s leave to remain in the United Kingdom, ought at the same time or promptly thereafter make a removal decision which, if adverse, would enable the foreign national to appeal without breaking the law by overstaying. [read post]
7 Sep 2010, 2:21 am
Regina (Ngouh) v Secretary of State for Home Department [2010] EWHC 2218 (Admin); [2010] WLR (D) 239 “It was important when considering a decision based on para 322(5) of the Immigration Rules, under which indefinite leave to remain should normally be refused where it was undesirable in view of the applicant’s “character, conduct or associations”, to look closely at the context in which that paragraph was being deployed and to see the reasoning that… [read post]
29 May 2007, 2:25 am
Secretary of State for the Home Department “The statutory scheme requiring permission by the Home Office for marriage by people subject to immigration control or those who had entered the United Kingdom illegally contravened arts 12 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to marry and the right not to be discriminated against for reasons of nationality or religion. [read post]
30 Apr 2010, 3:00 am
Muuse v Secretary of State for the Home Department; [2010] EWCA Civ 453;; [2010] WLR (D) 108 “When considering an award of exemplary damages in respect of the oppressive, arbitrary or unconstitutional conduct of government officials where the conduct complained of was considered by the court to be outrageous, it was not necessary to show further that the outrageous conduct disclosed malice, fraud, insolence, cruelty or the like. [read post]
16 Apr 2008, 1:38 am
AS and DD (Libya) v Secretary of State for the Home Department Court of Appeal “A foreign national who challenged a deportation order made on national security grounds had to show substantial grounds for believing that if he was returned he would face a real risk of being subjected to torture or inhuman or degrading treatment in contravention of article 3 of the European Convention on Human Rights. [read post]
5 Nov 2008, 10:42 am
Helow v Secretary of State for the Home Department and Another House of Lords “A judge's membership of a Jewish association whose magazine had expressed partisan views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to have raised the possibility of bias and want of impartiality when determining an immigration appeal by a Palestinian activist. [read post]
8 Jul 2010, 2:16 am
Adedoyin v Secretary of State for the Home Department [2010] EWCA Civ 773; [2010] WLR (D) 172 “Dishonesty or deception was required to render a false representation a ground for mandatory refusal of an application for extension of leave to remain. [read post]
24 Jun 2010, 1:51 am
Secretary of State for the Home Department v AP (No 2) [2010] UKSC 26; [2010] WLR (D) 154 ”The public interest in publishing a full report of control order proceedings, identifying the suspected terrorist involved, had to give way to the need to protect the suspected terrorist from the risk of violence in circumstances where he was required to live in a town in which there were considerable community tensions and racist attacks on members of the Muslim… [read post]
22 Jun 2010, 1:25 am
FA (Iraq) v Secretary of State for the Home Department [2010] EWCA Civ 696; [2010] WLR (D) 152 “Where a person who had been granted leave to enter or remain in the United Kingdom for a year or more appealed against the refusal of his claim for asylum under s 83 of the Nationality, Immigration and Asylum Act 2002 he was entitled, by virtue of the principle of equivalence under Community law, to include the refusal of his claim for humanitarian protection in the… [read post]
