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Immigration Legal Resources
Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
Immigration, Asylum and Nationality Act 2006
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Special Immigration Appeals Commission Act 1997
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993
Immigration Act 1988
Immigration Act 1971
Some of our recent notable cases
HJ (Iran) & HT (Cameroon) v Secretary of State for the Home Department (2010)
Successful representation of gay asylum seeker in a case that recognised that the Refugee Convention protects against persecution for 'reason of the protected characteristic'.
[2010] UKSC 31 7/72010. Reported at Times, July 9 2010
Peter Jorro
T (R on the app of) v Secretary of State for the Home Department (2010)
Argued the Dublin II Regulation does not apply to unaccompanied minors (who thus could not be returned to third countries); and that the Home Office policy of 'same day removal' without notice was an affront to the principle of effective access to justice.
[2010] EWHC 435 (Admin) 18/2/2010
Kathryn Cronin
BA (Nigeria) v Secretary of State for the Home Department : PE (Cameroon) v Secretary of State for the Home Department (2009)
A repeat claim could be allowed to proceed on the basis of an in-country appeal on the basis that the original claim had been rejected but not wholly classified as unfounded or excluded under the Nationality, Immigration and Asylum Act 2002 s.96.
[2009] UKSC 7 26/11/2009. Reported at (2009) 3 WLR 1253.
Ronan Toal
EN (Serbia) v Secretary of State for the Home Department; Secretary of State for the Home Department v KC (South Africa) (2009)
Earlier Tribunal decision had applied too high a test for sufficiency of protection in deciding whether to deport respondent to South Africa.
[2009] EWCA Civ 630 26/6/2009. Reported at Times, July 30 2009
Kathryn Cronin
R (on the app of AM (Somalia)) v Secretary of State for the Home Department (2009)
Re. the removal under safe third country certificate and validity of in-country appeal. There were strong grounds that removal would cause a deterioration in the asylum seeker's health and a claim against removal under Reg. 343/2003 was not unfounded.
[2009] EWCA Civ 114 25/2/2009. Reported at [2009] Imm AR 534
Ronan Toal
MH (Syria) v Secretary of State for the Home Department: DS (Afghanistan) v Secretary of State for the Home Department (2009)
When establishing whether a person was guilty of acts under article 1F of the 1951 UN Convention relating to the Status of Refugees, matters relating to previous involvement with a terrorist organisation could not be applied.
[2009] EWCA Civ 226 24/3/2009. Reported at (2009) 3 All ER 564
Mark Muller QC and Edward Grieves
MT (Afghanistan) v Secretary of State for the Home Department (2008)
Case concerned the removal of a Christian convert to Afghanistan following findings by AIT that there was no risk on return. Court of Appeal quashed AIT decisions.
[2008] EWCA Civ 65 18/1/2008
David Jones
CM (Kenya) v Secretary of State for the Home Department (2007)
Re. internal relocation to home country of Kenya where appellant was fleeing female genital mutilation. Previous claim for asylum refused.
[2007] EWCA Civ 312 13/2/2007. Reported at Immigration Law Update Vol 10(3) 3
Valerie Easty
AA (Afghanistan) (Appellant) v SSHD(Respondent) & Medical Foundation for the Care of Victims of Torture (Intervener) (2007)
Re. the proper approach to the return of unaccompanied minors to their countries of origin
[2007] EWCA Civ 12 29/1/07. Reported at Times February 2, 2007
Nadine Finch.
Fornah v Secretary of State for the Home Department (2006)
The criteria for classifying women as members of a particular social group were accurately provided by the UNHCR Guidelines on International Protection.
[2006] UKHL 46 18/10/2006. Reported at (2007) 1 AC 412.
Frances Webber and Kathryn Cronin
Gedow and Ors (2006)
Regarding the residual risk to persons facing removal to Mogadishu Somalia, and the issue of protection by clan militia
[2006] EWCA Civ 1342 17/10/06
Ronan Toal, Frances Webber, Femi Omere
Hafizullah Alymedi & 25 Afghan appellants (IAA) and R (SSHD) v IAT (2006)
Afghan Stansted hi-jacked aircraft passenger asylum claims before appellate authority and Divisional Court
[2006] EWCA 1157 4/8/06. Reported at Times, Oct 9, 2006.
Duran Seddon & Patrick Lewis
J v SSHD (2006)
Regarding the application of the refugee convention to feared persecution on homosexuality grounds
[2006] EWCA Civ 1238 26/7/06
Femi Omere
Januzi v SSHD (2006)
Internal relocation and refugee status
[2006] UKHL 5 15/2/06. Reported at (2006) 2 AC 426
Stephanie Harrison & Frances Webber
YD(Turkey) v Secretary of State (2006)
Inherent power of Court of Appeal to order stay on removal where an appeal from AIT lodged out of time
[2006] EWCA Civ 52 8/2/06. Reported at [2006] 1 WLR 1646, Times 28 February 2006
Adrian Berry
Re B: R v Special Adjudicator ex parte Hoxha (2005)
Cessation provisions of the Refugee Convention
[2005] UKHL 19 10/3/05. Reported at (2005) All ER 580.
Femi Omere
Atkinson v Secretary of State for the Home Department (2004)
Would Jamaican state protection be sufficient to protect the applicant if they were to be returned there
[2004] EWCA Civ 846 1/7/04. Reported at (2004) ACD 71.
David Jones
Sepet and Bulbul v SSHD (2003)
Refugees and conscientious objection to the performance of military service
[2003] UKHL 15 20/3/03. Reported at (2003) 1 WLR 856.
Ian MacDonald QC, Rick Scannell, Nadine Finch
ZL (1) VL (2) v SSHD and LCD (2003)
Fast-track refugee determination procedures
[2003] EWCA Civ 25 24/1/03. Reported at (2003) 1 All ER 1062
Frances Webber and Louise Hooper
R (Ozcan) v IAT (2002)
Risk on return to Turkey for Kurdish asylum seekers
[2002] EWCA Civ 1133 30/7/02
Ronan Toal
PLJin Tao He v Secretary of State for the Home Department (2002) (no link)
Chinese religious sect member fearing persecution
[2002] EWCA Civ 1150 12/7/02. Reported at [2002] Imm AR 590
Peter Jorro
Saad, Diriye and Osorio v SSHD (2001)
Jurisdiction of Immigration Appellate Authority to determine entitlement to refugee status
[2001] EWCA Civ 2008 19/12/01. Reported at (2002) ACD 59.
Ronan Toal, Rick Scannell
Useful links
Asylum Policy Instructions (IND)
Refugee Council Guides to making an asylum application
Free Movement: Updates and commentary on immigration and asylum law
Asylum Support Adjudicators
Refugee Caselaw: international refugee law by theme and country
Forced Migration blog current awareness service highlighting web research and information relating to refugees, asylum seekers and internally displaced persons
UN Refugee Convention and Protocol
European Council on Refugees and Exiles
JUSTICE research and reports on the UK and EU asylum policies
International Asylum materials (by country)
US Committee for Refugees and Immigrants
ReliefWeb: Excellent site for information on current global Emergencies and Natural Disasters
Internal Displacement Monitoring Centre
University of Texas Maps Library
European Country of Origin Network: comprehensive database of country of origin information
Forced Migration online: International research and news on human displacement and forced migration
Refugee Case Law Site
Refugee Womens’ Resource Project
EIN Asylum and Refugee Resources Asylum Support (Community Care and Welfare Benefits)
Books
Asylum Law and Practice (2nd edition, 2010) by Garden Court Chambers barristers Mark Symes and Peter Jorro 
Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
Immigration, Asylum and Nationality Act 2006
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Human Rights Act 1998
Special Immigration Appeals Commission Act 1997
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993
Immigration Act 1988
Immigration Act 1971
Some of our recent notable cases
JA (Ivory Coast), ES (Tanzania) v Secretary of State for the Home Department (2009)
Article 8 of the Convention applied to foreign nationals who had been granted ELR, then DL, to remain in the UK to receive treatment for HIV+. The law as stated in N v Secretary of State for the Home Department [2005] UKHL 31, [2005] 2 AC 296, did not apply to them and the Court had to decide whether their removal was proportionate.
[2009] EWCA Civ 1353 14/12/2009. Reported at Times, February 02, 2010.
Stephen Knafler
R (on the app of M) v Slough Borough Council (2008)
Local authority was not required to accommodate asymptomatic HIV+ asylum seeker.
[2008] UKHL 52 30/7/2008. Reported at (2008) 4 All ER 831 and [2008] HLR 44.
Stephen Knafler
London Borough of Harrow v Ibrahim and SSHD (2008)
Case concerning the ability of non-EU national mother to access homelessness assistance as the mother of children with a continued right of education in the UK under EU law.
[2008] EWCA Civ 386 21/4/2008
Nicola Rogers
R (on the app of A) v West Middlesex University Hospital NHS Trust (2008)
Guidance to charge failed asylum seekers for NHS treatment declared unlawful.
[2008] EWHC 855 11/4/2008. Reported at (2008) 11 CCLR 358.
Stephen Knafler
R (D, G) v Leeds City Council and Secretary of State for the Home Department (2007)
The accomodation needs of destitute expectant and nursing mothers, who were failed asylum seekers, were the responsibility of the Home Office and not of local authorities.
[2007] EWHC 3275 (Admin) 11/12/2007
Stephen Knafler
R(H) & others v Wandsworth, Lambeth and Islington London Borough Council (2007)
Homeless children in need must be accommodated under Children Act 1989, s 20 and not s 17. This case brings to an end the practice of many local authorities of accommodating child asylum-seekers, and others, under s 17, when those children meet the s 20 criteria.
[2007] EWHC 1082 Admin 23/4/2007. Reported at [2007] 2 FLR 822.
Stephen Knafler
R (AW, DAY) v Croydon LBC (2005)
Local authorities not SSHD responsible for destitute plus failed asylum-seekers (if lawfully present or with pending, non-abusive fresh representations)
[2005] EWHC Admin 2950 16/12/05. Reported at Times, May 11 2007.
Stephen Knafler
R (Limbuela) v SSHD (2005)
Breach of Article 3 not to support destitute asylum-seeker
[2005] UKHL 66 3/11/05. Reported at [2006] 1 AC 396.
Stephen Knafler
Szoma v Secretary of State for Department of Work and Pensions (2005)
The meaning of 'lawful presence' for social security purposes
[2005] UKHL 64 27/10/05. Reported at (2006) 1 AC 564.
Duran Seddon
R (Grant) v Lambeth LBC (2004)
Test case on Schedule 3 of Nationality, Immigration and Asylum Act 2002
[2004] EWCA Civ 1711 16/12/04. Reported at [2005] 1 WLR 1781
Stephen Knafler
R (M) v Islington LBC/SSHD (2004)
Test case on section 54 and Schedule 3 of the Nationality, Immigration and Asylum Act 2002
[2004] EWCA Civ 235 2/4/04. Reported at [2005] 1WLR 884
Stehen Knafler
The Queen on the application of Berhe (2003)
Assistance provided to unaccompanied asylum-seeking child
[2003] EWHC 2075 (Admin) 29/8/03. Reported at (2004) 1 FLR 439.
Nadine Finch and Jan Luba QC
R (DTS) v SSHD (2003)
Test case on Article 3 and asylum support
[2003] EWHC Admin 1941 31/7/03 . Reported at (2003) UKHRR 1321.
Stephen Knafler
R (Mani) v Lambeth LBC (2003)
Local authority and not NASS responsible for disabled asylum seekers
[2003] EWCA Civ 836 9/7/03. Reported at Times, July 23, 2003.
Stephen Knafler
R (Q) v SSHD (2003)
Test case on section 55 of the Nationality, Immigration and Asylum Act 2002
[2003] EWCA Civ 364 18/3/03 [2004] QB 36
Stephen Knafler
Al-Ameri v Royal Borough of Kensington & Chelsea and Osmani v London Borough of Harrow (2003)
Local authority's housing of asylum seekers and preferences of asylum seeker.
[2003] EWCA Civ 235 28/2/03. Reported at (2003) 1 WLR 1289
Jan Luba QC
O v Wandsworth LBC (2000)
Destitute applicants for ELR on the grounds of illness not excluded from assistance under National Assistance Act 1948 by the Asylum and Immigration Act 1999
[2000] EWCA 201 22/6/00. Reported at [2000] 1 WLR 2539
Stephen Knafler
Useful links
Report by Garden Court Chambers barrister Nadine Finch 'Seeking Asylum Alone: Unaccompanied and Separated Children and Refugee Protection in the UK'
Housing Rights Information for New Arrivals to the UK
Accessing Accommodation and Housing Support (Shelter Guide 2008)
Table of entitlement to NHS treatment for asylum seekers in the UK
ASAP: Asylum Support Appeals Project
Home Office Guide to all aspects of support for asylum seekers
Refugee Action: campaigning for better treatment of refugees and asylum-seekers in the UK
HARP: Health for Asylum Seekers and Refugees portal
Refugee Housing Association
Asylum Aid: Resources and links relating to HIV/AIDS and women's issues.
Refugee Council: advice and support to refugees in the UK
British Institute of Human Rights: a guide to the human rights of refugees and asylum seekers in the UK
Joint Council for the Welfare of Immigrants Books
Support for Asylum-seekers and other Migrants: a guide to legal and welfare rights (3rd edition, 2009) by Sue Wilman and Garden Court Chambers barrister Stephen Knafler
 Some of the primary legislation
Human Rights Act 1998 Some of our recent notable cases
YD (Togo) v Secretary of State for the Home Department (2010) (link not yet available)
When considering the effect of removal on an applicant's right to private life under the European Convention on Human Rights 1950, an applicant's contribution to society could be considered in the balancing exercise.
[2010] EWCA Civ 214 18/5/2010
Stephen Knafler QC & Patrick Lewis
MH & Ors v Secretary of State for the Home Department (2008)
Judge determined that special advocates were necessary where Article 8 rights were engaged through deprivation of citizenship.
[2008] EWHC 2525 (Admin) 23/10/2008
Ed Grieves
B v Secretary of State for the Home Department (2008)
Whether the rights under Immigration and Asylum Act 1999 included the effect of appellants' removal on all members of family unit.
[2008] UKHL 39 25/6/2008. Reported at Times, July 8 2008.
Sonali Naik
BE (Iran) v Secretary of State for the Home Department (2008)
Iranian soldier who deserted rather than lay anti-personnel mines wan entitled to asylum.
[2008] EWCA Civ 540 20/5/2008. Reported at Times, June 18, 2008
Frances Webber
IA (Somalia) v Secretary of State for the Home Department (2007)
An earlier hearing had failed to take into account relevant country guidance and therefore constituted a breach of appellant's human rights under the ECHR.
[2007] EWCA Civ 323 20/4/2007
Louise Hooper
SB (Bangladesh) v Secretary of State for the Home Department (2007)
Re. consideration of asylum-seekers prospects of returning to the UK on an indefinite basis and determination of truly exceptional circumstances.
[2007] EWCA Civ 28 31/1/07. Reported at [2007] 1 INLR 259.
Sonali Naik
Huang v Secretary of State for the Home Department; Kashmiri v Sectretary of State for the Home Department (2007)
Appeal against removal of asylum seeker on grounds that this would constitute a breach of their human rights under ECHR.
[2007] UKHL 11 21/3/2007 Reported at (2007) 2 WLR 581
Duran Seddon
HB (Ethiopia) v Secretary of State for the Home Department (2006)
Clarification of the effects of delay by SSHD on claims relying on the ECHR to resist removal from the UK.
[2006] EWCA Civ 1713 14/12/06. Reported at [2007] Imm AR 396.
Louise Hooper, Duran Seddon, Patrick Lewis.
N v Secretary of State for the Home Department (2006)
Human Rights Act damages.Appeal against an order to revoke a deportation order.
[2006] EWCA Civ 299 28/3/06
Stephanie Harrison
ZT (2005)
Whether the removal of the appellant a Zimbabwean national suffering with HIV/AIDS , would breach article 3 and/or 8 of the ECHR
[2005] EWCA Civ 1421 24/11/05. Reported at [2006] INLR 256
Femi Omere
Secretary of State for the Home Departmentv Akaeke (2005)
On administrative delay by the Home Office rendering a decision to remove a person from the UK a disproportionate interference in her right to respect for her family life in the UK
[2005] EWCA Civ 947 27/7/05. Reported at [2005] Imm AR 701
Peter Jorro
A and Others v the Secretary of State for the Home Department, SIAC and CA (2004)
Anti-terrorism Crime and Security Act 2001; internment of foreign nationals and derogation from Article 5
[2004] UKHL 56 16/12/04. Reported at (2005) 2 AC 68
Stephanie Harrison
R (Mambakasa) v SSHD (2003) (no link)
Principles relating to damages for breaches of human rights, in particular Article 8 ECHR outstanding before Court of Appeal,
[2003] EWHC (Admin) 319 3/3/03
Duran Seddon
Djebari v SSHD (2002) (no link)
Algerian at risk of treatment contrary to Article 3 ECHR
[2002] EWCA 813 13/5/02
Rick Scannell
Holub v SSHD (2000)
Right to education under Article 2, First Protocol ECHR and extra-territoriality of ECHR
[2000] EWCA Civ 343 20/12/00. Reported at [2001] 1 WLR 1359
Duran Seddon
Useful links
International human rights documents including ECHR
University of Minnesota Human Rights Library: texts of international instruments and links on asylum and human rights issues.
US Department of State Human Rights Reports
UN High Commissioner for Human Rights
European Court of Human Rights
Amnesty International
Human Rights Watch Country Information (searchable archive of country reports)
Statewatch – Human Rights Monitoring Service (Europe)
Liberty’s Guide to the Rights of Immigrants in the UK Some of the primary legislation
Borders, Citizenship and Immigration Act 2009
Criminal Justice and Immigration Act 2008
Immigration, Asylum and Nationality Act 2006
Asylum and Immigration (Treatment of Claimants, etc) Act 2004
British Overseas Territories Act 2002
Nationality, Immigration and Asylum Act 2002
Immigration and Asylum Act 1999
Special Immigration Appeals Commission Act 1997
Asylum and Immigration Act 1996
Asylum and Immigration Appeals Act 1993
Immigration Act 1988
British Nationality Act 1981
Immigration Act 1971
Some of our recent notable cases
AKA MH and Others v Secretary of State for he Home Department (2009)
Represented three claimants in test case litigation about refusal of British nationality on public interests grounds - issue of the nature of the procedural protection and use of Special Advocates was dealt with by Court of Appeal.
[2009] EWCA Civ 287 2/4/2009 Reported at [2009] 1 WLR 2049
Stephenaie Harrison
R v SSHD ex parte Ullah (2001)
Power for British citizens by descent to naturalise as British citizens otherwise than by descent
[2001] EWCA Civ 659 10/5/01
Laurie Fransman QC
The Queen v SSHD ex parte Kaur (2001)
Who is British for EC purposes
European Court of Justice 20/2/01 C-192/99
R v SSHD ex parte Montana (2000)
Illegitimate children and Secretary of State's policy to register
[2000] EWHC Admin 421 23/11/00. Reported at (2001) 1 WLR 552
Useful links
UK Government Advice and Policy
Home Office Guidance, Policy and Application Procedures
FCO Guide to the British Overseas Territories Act 2002
Liberty’s Guide to British Citizenship
National Coalition of Anti-Deportation Campaigns
Immigration Rules Part 13 (Deportation)
Non-Statutory Consultation on broadening exclusion and deportation powers (Home Office 2005)
UK Border Agency Law and Policy
Immigration Directorates Instructions
Consolidated version of the Immigration Rules
Decisions of the Immigration Services Tribunal
Office of the Immigration Services Commissioner (VERY USEFUL LINKS)
Immigration Advisory Service
Asylum and Immigration Tribunal
European Court of Human Rights Books
Blackstone's Guide to the Borders, Citizenship and Immigration Act 2009 by Garden Court Chambers barristers, Ian Macdonald QC, Laurie Fransman, Adrian Berry, Ronan Toal 
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Although we have made an effort to prepare this information correctly and keep it up-to-date, Garden Court Chambers does not guarantee the accuracy or currency of the information contained in these Legal Resources pages.
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