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 (Civil Division)
    • 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 (Civil Division)
    • 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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Legislation
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Books & Journal Articles
  • Second‐hand Emotion? Exploring the Contagion and Impact of Trauma and Distress in the Asylum Law Context
    • Núm. 40-4, Noviembre 2013
    • Journal of Law and Society
    Applicants' accounts of experiences of fear, trauma, violence, and persecution are central to the process of claiming asylum. These narratives are, at a human level, primed to provoke emotional res...
    ...... interviews with asylum stakeholders and observation of 48 appeals to the Immigration and Asylum Chamber of the First-tier Tribunal, this ......
  • The Asylum and Immigration Act 1996: Erosion of the Right to Seek Asylum
    • Núm. 61-2, Marzo 1998
    • The Modern Law Review
    ...... the discussion during 1996 bore upon the legislative proposals contained in the Asylum and Immigration Bill — extension of the accelerated appeals procedure, withdrawal of social security benefits from asylum seekers, prevention of illegal working, removal of certain in-country appeal rights — ......
  • The Immigration and Asylum Act 1999: A Missed Opportunity?
    • Núm. 64-3, Mayo 2001
    • The Modern Law Review
    ......* Since 1993, the United Kingdom (UK) Parliament has passed three successive statutes on asylum and immigration: the Asylum and Immigration Appeals Act 1993, the Asylum and Immigration Act 1996, and the Immigration and Asylum Act 1999. This last, introduced by a Labour Government, is the most ......
  • Index
    • Núm. 61-6, Noviembre 1998
    • The Modern Law Review
    ....../187/EEC 85 Adoption Act 1976, s50 704 Asylum and Immigration Act 1996 207 Asylum and tion Appeals Act 1993 208 Asylum Appeals (Procedure) Rules ......
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Law Firm Commentaries
  • Immigration Appeals - Updated Procedure
    • Mondaq UK
    ......Anyone unrepresented (not represented by a. qualified person within the meaning of section 84 of the Immgration and Asylum Act. 1999;. Anyone in detention. The matter is simplified as it is considered not reasonably. practicable in those circumstances to commence an ......
  • Permission To Work?
    • Mondaq United Kingdom
    ...... 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 ......
  • Immigration Tribunal Appeals: A Practical Guide (2)
    • Mondaq UK
    ......on the issues and available evidence. In this post we examine some of the practical considerations. when appealing to the Immigration and Asylum Chamber of the. First-tier Tribunal. Time Limits - Lodging an Immigration Appeal at the. First-tier Tribunal. If you receive an immigration refusal ......
  • Immigration Tribunal Appeals: A Practical Guide (1)
    • Mondaq UK
    ......What May Constitute a Human Rights Claim?. The definition of "human rights claim" is in s.113 of. the Nationality Immigration and Asylum Act 2002:. "human rights claim" means a claim made by a. person to the Secretary of State at a place designated by the. Secretary of State that to ......
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