Asylum in UK Law

Leading Cases
  • E v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 02 Febrero 2004

    First, there must have been a mistake as to an existing fact, including a mistake as to the availability of evidence on a particular matter. Secondly, the fact or evidence must have been "established", in the sense that it was uncontentious and objectively verifiable. Fourthly, the mistake must have played a material (not necessarily decisive) part in the Tribunal's reasoning.

  • Januzi and Others v Secretary of State for the Home Department
    • House of Lords
    • 15 Febrero 2006

    The decision-maker, taking account of all relevant circumstances pertaining to the claimant and his country of origin, must decide whether it is reasonable to expect the claimant to relocate or whether it would be unduly harsh to expect him to do so. The decision-maker must do his best to decide, on such material as is available, where on the spectrum the particular case falls. All must depend on a fair assessment of the relevant facts.

  • WM (DRC) and another v The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 09 Noviembre 2006

    He has to consider the new material together with the old and make two judgements. First, whether the new material is significantly different from that already submitted, on the basis of which the asylum claim has failed, that to be judged under rule 353(i) according to whether the content of the material has already been considered.

  • R (Q) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 18 Marzo 2003

    The Attorney-General recognised the possibility of duress by threats against the families of asylum seekers, and this phenomenon is recorded in the Home Office research. It is also clear that some asylum seekers are so much under the influence of the agents who are shepherding them into the country that they cannot be criticised for accepting implicitly what they are told by them. To disregard the effect that they may have on their charges would be both unrealistic and unjust.

  • R v Secretary of State for the Home Department ex parte Bugdaycay
    • House of Lords
    • 19 Febrero 1987

    The most fundamental of all human rights is the individual's right to life and when an administrative decision under challenge is said to be one which may put the applicant's life at risk, the basis of the decision must surely call for the most anxious scrutiny. The most fundamental of all human rights is the individual's right to life and when an administrative decision under challenge is said to be one which may put the applicant's life at risk, the basis of the decision must surely call for the most anxious scrutiny.

  • R v Secretary of State for the Home Department, ex parte Robinson
    • Court of Appeal (Civil Division)
    • 11 Julio 1997

    When we refer to an obvious point we mean a point which has a strong prospect of success if it is argued.

  • Chikwamba v Secretary of State for the Home Department
    • House of Lords
    • 25 Junio 2008

    I am far from suggesting that the Secretary of State should routinely apply this policy in all but exceptional cases. Rather it seems to me that only comparatively rarely, certainly in family cases involving children, should an article 8 appeal be dismissed on the basis that it would be proportionate and more appropriate for the appellant to apply for leave from abroad. Better surely that in most cases the article 8 claim be decided once and for all at the initial stage.

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Legislation
Books & Journal Articles
  • Asylum Destination Choice
    • Núm. 5-2, Junio 2004
    • European Union Politics
    This article examines what explains the relative attractiveness of West European countries as a destination for asylum seekers. Individuals coming to Western Europe in...
  • Detaining Asylum Seekers
    • Núm. 47-4, Diciembre 2000
    • Probation Journal
  • Why Do States Grant Asylum?
    • Núm. 18-1, Febrero 1998
    • Politics
    Recent legislation introduced by European states to limit access to asylum is an attempt to reinforce the State's control of admission to its territory However, while certain of these states have e...
  • Asylum Cooperation among Asymmetric Countries
    • Núm. 10-1, Marzo 2009
    • European Union Politics
    This article argues that cooperation to tackle the consequences of large asylum migration inflows is possible only among fairly symmetrical countries. Highly asymmetric countries have no incentives...
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Law Firm Commentaries
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