R (ZO (Somalia)) v Secretary of State for the Home Department

JurisdictionEngland & Wales
JudgeLord Justice Keene
Judgment Date20 May 2009
Neutral Citation[2009] EWCA Civ 442,[2008] EWCA Civ 1564
CourtCourt of Appeal (Civil Division)
Docket NumberCase No: (1) C4/2008/1809
Date20 May 2009

[2008] EWCA Civ 1564

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTIC

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

(HIS HONOUR JUDGE MACKIE QC)

Royal Courts of Justice

Strand, London WC2A 2LL

Before:

Lord Justice Keene

Lady Justice Smith Dbe and Lord Neuberger

Case No: (1) C4/2008/1809

(2) C4/2008/1737

(1) MM (Burma)
1st Appellant
(2) OMAR
2nd Appellant
and
Secretary of State for the Home Department
Respondent

Mr R Wilson QC and Mr P Nathan (intructed by Scudamores Solicitors) appeared on behalf of the 1 st Appellant (1).

Mr R Tam QC and Mr D Beard (instructed by Duncan Lewis & Co) appeared on behalf of the 2 nd Appellant (2).

THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.

Lord Justice Keene

Lord Justice Keene:

1

This matter is being adjourned for a further date to be fixed. If possible the future hearing is to be linked with the case of Tekle [2008] EWHC 3064 (Admin), subject to any objection by the parties to that particular appeal to that case being linked with this one. An order for expedition, with the appeal to be heard if possible by the end of next term, subject to the availability of counsel. The application to amend the appellants' grounds of appeal likewise adjourned, to be dealt with by the same court. A time estimate of one and-a-half to two days for the whole matter.

Order: Application adjourned.

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15 cases
  • R (Awad) v Secretary of State for the Home Department
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 3 November 2009
    ...interpretation of Article 11 (2) of the Reception Directive is the subject of an authoritative unanimous ruling by the Court of Appeal in ZO (Somalia) [2009] EWCA Civ 442. The court in that case construed Article 11 (2) as conferring an entitlement to permission to work upon persons in the......
  • R Wishyar Mustafa v Kent County Council
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 31 July 2018
    ...a person who has made a subsequent application for asylum after their original application has been refused claim: R(ZO)(Somalia) v Secretary of State for the Home Department [2010] UKSC 36; [2010] 1 WLR 1948 at [31]. It was also common ground that this applies where the Secretary of Stat......
  • R (Negassi and Another) v Secretary of State for the Home Department
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 7 March 2013
    ...application for asylum and that it had no relevance to a later "fresh claim" made by reference to Rule 353. However, in ZO v Secretary of State for the Home Department [2010] 1 WLR 1948, the Supreme Court held this view to be erroneous. A fresh claim is "an application for asylum" within t......
  • R (ZO (Somalia)) v Secretary of State for the Home Department
    • United Kingdom
    • Supreme Court
    • 28 July 2010
    ...[2010] UKSC 36 THE SUPREME COURT Trinity Term On appeal from: 2009 EWCA Civ 442 before Lord Hope, Deputy President Lord Walker Lord Brown Lord Kerr Sir John Dyson SCJ R (on the application of ZO (Somalia) and others) (Respondents) and Secretary of State for the Home Department (Appellant) A......
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2 firm's commentaries
  • The Law Is The Law - And It Pays To Remember That
    • United Kingdom
    • Mondaq United Kingdom
    • 4 August 2011
    ...2 R (Boxall) v Waltham Forest LBC 21 December 2000 (2001) 4 CCL Rep 258 ZO and Others v Secretary of State for the Home Department [2009] EWCA Civ 442; [2009] 1 W.L.R. 2477 See our previous article 'Permission to Work – an update' ZO (Somalia) & Ors, R (on the application of) v Secretar......
  • Permission To Work?
    • United Kingdom
    • Mondaq United Kingdom
    • 26 February 2010
    ...currently stands is governed by the Court of Appeal's judgment of ZO (Somalia) & Ors v Secretary of State for the Home Department [2009] EWCA Civ 442. The Court considered the question "Does a person whose asylum claim has been finally determined in a country A against him or her and wh......

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