R (L and Another) v Secretary of State for the Home Department and Another

JurisdictionEngland & Wales
Judgment Date24 January 2003
Neutral Citation[2003] EWCA Civ 25
Docket NumberCase No: C2/2002/2644/2645
CourtCourt of Appeal (Civil Division)
Date24 January 2003
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136 cases
  • Biruk Habte v Secretary of State for the Home Department
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 30 October 2013
    ...least one legitimate view of the facts or the law the claim may succeed, the claim will not be clearly unfounded": see R (L) v Secretary of State for the Home Department [2003] 1 W.L.R. 1230 at paragraph 73 In applying that test, the court should take the claimant's claim at its reasonable......
  • R (on the Application of Weldegaber) v Secretary of State for the Home Department (Dublin Returns - Italy) (IJR)
    • United Kingdom
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 12 February 2015
    ...guidance to the correct approach for the decision maker is contained in the decision of the Court of Appeal in R (L) v SSHD [2003] EWCA Civ 25. This contains the following notable formulation: “ If on at least one legitimate view of the facts or the law the claim may succeed, it will not be......
  • R Manjeet Kaur v Secretary of State for the Home Department
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 19 December 2011
    ...the test which was enunciated by Lord Phillips, the then Master of the Rolls, in VL and ZL v Secretary of State for the Home Department [2003] EWCA Civ 25: see paragraphs 56 to 58 inclusive, to which I was taken by Ms Hirst, counsel for the claimant. 4 Second, it is also well established th......
  • Parmer v Secretary of State for the Home Department
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 27 January 2014
    ...he succeeds in relation to both or only one of those claims. 7 The relevant tests are agreed as set out in the case of L v Secretary of State for the Home Department [2003] 1 WLR 1230, in particular paragraphs 56 and 57 of the judgment in that case. The case dealt with a previous section bu......
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2 firm's commentaries
  • How To Appeal A UK Visa Or Immigration Decision
    • United Kingdom
    • Mondaq UK
    • 4 October 2022
    ...of the House of Lords in R v SSHD Ex p Thangarasa and R v SSHD, Ex p Yogathas [2002] UKHL 36 and Court of Appeal in ZL & VL v SSHD [2003] EWCA Civ 25 a manifestly unfounded claim is a claim which is so clearly without substance that it is bound to fail. A claim can be manifestly unfounded e......
  • Immigration Tribunal Appeals: A Practical Guide (1)
    • United Kingdom
    • Mondaq UK
    • 8 June 2021
    ...Home Department, Ex p Yogathas [2002] UKHL 36 and ZL & VL v Secretary of State for the Home Department and Lord Chancellor's Department [2003] EWCA Civ 25 confirm that a manifestly unfounded claim is a claim which is so clearly without substance that it is bound to fail. A claim can be mani......

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