Immigration and Asylum 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 Marzo 2007

    There will, in almost any case, be certain general considerations to bear in mind: the general administrative desirability of applying known rules if a system of immigration control is to be workable, predictable, consistent and fair as between one applicant and another; the damage to good administration and effective control if a system is perceived by applicants internationally to be unduly porous, unpredictable or perfunctory; the need to discourage non-nationals admitted to the country temporarily from believing that they can commit serious crimes and yet be allowed to remain; the need to discourage fraud, deception and deliberate breaches of the law; and so on.

    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.

  • Mahad v Entry Clearance Officer (sub noms AM (Ethiopia) v Entry Clearance Officer & AM (Somalia) v Entry Clearance Officer)
    • Supreme Court
    • 16 Diciembre 2009

    The Rules are not to be construed with all the strictness applicable to the construction of a statute or a statutory instrument but, instead, sensibly according to the natural and ordinary meaning of the words used, recognising that they are statements of the Secretary of State's administrative policy. But that intention is to be discerned objectively from the language used, not divined by reference to supposed policy considerations.

  • 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.

  • Mostafa (Article 8 in entry clearance)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 19 Diciembre 2014

    In practical terms this is likely to be limited to cases where the relationship is that of husband and wife or other close life partners or a parent and minor child and even then it will not necessarily be extended to cases where, for example, the proposed visit is based on a whim or will not add significantly to the time that the people involved spend together.

  • R (Razgar) v Secretary of State for the Home Department
    • House of Lords
    • 17 Junio 2004

    (4) If so, is such interference necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others?

    The answering of question (5), where that question is reached, must always involve the striking of a fair balance between the rights of the individual and the interests of the community which is inherent in the whole of the Convention. The severity and consequences of the interference will call for careful assessment at this stage. The Secretary of State must exercise his judgment in the first instance.

See all results
Legislation
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
See all results
Forms
  • Apply for court order about immigration or asylum ('application notice')
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.
  • Apply for a judicial review in an immigration or asylum case
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.
  • Notice of change of solicitor
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.
    ... ... representative ... Print form ... Upper Tribunal ... Immigration and Asylum Chamber ... Reset form ... Upper Tribunal No ... Print form ... ...
  • Application of renewal (UTIAC)
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.
    ... ... the final decision in your case under the Community Legal Service (Asylum and Immigration Appeals) Regulations 2005 ... I enclose all ... ...
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT