Asylum and Immigration Appeals in UK Law

Leading Cases
  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 Mar 2007

    In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.

  • Januzi and Others v Secretary of State for the Home Department
    • House of Lords
    • 15 Feb 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.

  • JM v Secretary of State for the Home Department
    • Court of Appeal
    • 04 Oct 2006

    It seems to me to be wrong in principle that the price of getting before an independent tribunal, for a judicial decision on a human rights claim should be the commission of a criminal offence and other associated legal prohibitions.

  • EO (Deportation appeals: scope and process)
    • Asylum and Immigration Tribunal
    • 27 Mar 2007

    We do, however, need to point out in this context that a decision that a person is to be removed by way of directions under s10 does not carry a general right of appeal from within the United Kingdom. That is because s82(2)(g) is not in the list of immigration decisions carrying that right in s92(2). “Asylum claim” and “human rights claim” are phrases defined in s113 and are subject to amendments by the 2006 Act which have not yet come into force.

  • As (Afghanistan) v Secretary of State for the Home Department
    • Court of Appeal
    • 20 Oct 2009

    (4) On an appeal under section 82(1), 83( 2) or 83A(2) against a decision the Tribunal may consider evidence about any matter which it thinks relevant to the substance of the decision, including evidence which concerns a matter arising after the date of the decision…

  • SM (Section 8: Judge’s process)
    • Asylum and Immigration Tribunal
    • 05 Jul 2005

    The fact-finder must consider all these points together; and, despite section 8, and although some matters may go against and some matters count in favour of credibility, it is for the fact-finder to decide which are the important, and which are the less important features of the evidence, and to reach his view as a whole on the evidence as a whole.

  • EA (Section 85 (4))
    • Asylum and Immigration Tribunal
    • 30 Ene 2007

    The correct interpretation of s85(4) is perhaps best indicated by saying that the appellant cannot succeed by showing that he would be granted leave if he made an application on the date of the hearing: he can succeed only by showing that he would be granted leave if he made, on the date of the hearing, the same application as that which resulted in the decision under appeal.

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Books & Journal Articles
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Law Firm Commentaries
  • Permission To Work?
    • Mondaq United Kingdom
    • 26 de Febrero de 2010
    ...... outline, with the requirements of the Immigration Rules that apply to those that come to the United ... Asylum seekers. The position with regard to asylum ... appeal process (discounting out-of time appeals); the distinction between the reference to ......
  • Details Of New Immigration Bill Released
    • Mondaq United Kingdom
    • 15 de Octubre de 2013
    ...... and is primarily motivated by a desire to strip out costs from the appeals procedure. Essentially, applicants will only now have a right of appeal en refused asylum, leave on the basis of human rights or where humantarian protection or ......
  • UK Immigration Changes: Penalty Dilemmas For Employers
    • Mondaq United Kingdom
    • 3 de Abril de 2008
    ...... it would be committing a criminal offence under Section 8 of the Asylum and Immigration Act 1996 (AIA 1996) if it were to continue to employ Ms ...The Employment Appeals Tribunal (EAT) held that in circumstances where an employee's leave to ......
  • The Refugee's Defence
    • Mondaq United Kingdom
    • 8 de Noviembre de 2011
    ...... defence under section 31(1) of the Immigration and Asylum Act 1999. Moreover, on the facts as ... an express provision to enable appeals via the Criminal Cases Review Commission for ......
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