MS (Palestinian Territories) v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judgment Date | 23 January 2009 |
| Date | 23 January 2009 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Rix, Lord Justice Scott Baker and Lord Justice Jacob
A challenge to the lawfulness of future removal directions did not come within the appeal regime under the Nationality, Immigration and Asylum Act 2002.
The Court of Appeal (Lord Justice Rix, Lord Justice Scott Baker and Lord Justice Jacob) so stated on January 23, 2009, when dismissing the appeal of MS, a Palestinian, against a ruling of the Asylum and Immigration Tribunal on January 23, 2008, that a decision to issue removal directions against hi m would be lawful.
The Secretary of State for the Home Department had refused his claims for asylum and breach of Convention rights on May 24, 2007, and had issued a notice of immigration including removal directions specifying a proposed country of return. MS contended that any removal directions subsequently made f or that specified destination would be unlawful.
LORD JUSTICE RIX said that section 82(1) of the 2002 Act provided a right of appeal only in the case of an immigration decision and in section 82(2) removal directions were not included in the...
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