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Appeals and Judicial Review

Some of the primary legislation

Some of our recent notable cases

R (on the app of RQ (Jordan) v Secretary of State for the Home Department and Upper Tribunal (Immigration and Asylum Chamber) (2014)
A refusal to adjourn a detained fast track asylum case was declared unlawful and application for judicial review was granted.
[2014] EWHC 559 (Admin) 5/3/2014
Ronan Toal & Anthony Vaughan

R (on the app of Ignaoua) v Secretary of State for the Home Department (2013)
In a short and clear judgment the Court of Appeal declared unlawful the powers which the Home Secretary gave herself to terminate judicial review proceedings without further order of the court. This unprecedented power, which was contained in a Commencement Order made under the Justice and Security Act 2013 gave the Home Office powers to end court proceedings in which it was a defendant.
[2013] EWCA 1498 Civ 21/11/2013
Stephenie Harrison QC

R (on the app of MM) v Secretary of State for the Home Department (2013)
Successful appeal for judicial review in relation to maintenance requirements for the admission of a spouse to the UK. The raising of the minimum income level to be provided by a UK sponsor were ruled to amount to an unjustified and disproportionate interference with the ability of spouses to live together and was contrary to their rights under the ECHR.
[2013] EWHC 1900 (Admin) 5/7/2013. Reported at [2014] Imm AR 2
Navtej Ahluwalia

JD (Congo) and others v Secretary of State for the Home Department (2012)
The Court of Appeal clarified the approach to the “some other compelling reason” limb of the second tier appeals test.
[2012] EWCA Civ 327 16/3/2012. Reported at Times, May 28, 2012
Anthony Vaughan

SH (Afghanistan) v Secretary of State for the Home Department (2011)
Fast Track immigration hearings must be adjourned, and if necessary, taken out of the Fast Track, in order to allow a party to answer the case again him by way of evidence (e.g. to secure his own social work report on age, in an age dispute case).
[2011] EWCA Civ 1284 8/11/2011
Stephen Knafler QC and Shu Shin Luh

FA (Iraq) v Secretary of State for the Home Department (2010)
The Court of Appeal provided guidelines on the applicability of the “second appeals rule” in the Appeals from the Upper Tribunal to the Court of Appeal Order 2008.
2010] EWCA Civ 827 28/6/2010
Stephen Knafler QC

MS (Palestinian Territories) v Secretary of State for the Home Department (2010)
Jurisdiction of the AIT in case involving an immigration ‘decision to remove’ where removal not legally feasible pursuant to Schedule 2 1971 Act.
[2010] UKSC 25 16/6/2010. Reported at [2010] INLR 475
Stephen Knafler QC and Duran Seddon

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

AS (Afghanistan) and NV (Sri Lanka) v Secretary of State for the Home Department (2009)
Re. the scope of the AIT’s jurisdiction to hear appeals on grounds that have been raised by appellants after the Secretary of State has made a decision refusing an initial application.. This appeal concerned the interpretation of the one-stop appeals system within the Nationality, Immigration and Asylum Act 2002.
[2009] EWCA Civ 1076 20/10/2009. Reported at [2010] INLR 111.
Rick Scannell and Omar Shibli

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

AM (Serbia) v SSHD (2007)
Re. the legality of the Procedure Rule restricting the scope of a reconsideration to the grounds on which IAT granted leave to appeal.
[2007] EWCA Civ 16 25/1/07. Reported at [2007] INLR 211.
Kathryn Cronin

R (on the application of Fahim Badur) (Claimant) v (1) Birmingham Crown Court (2006)
Conviction quashed. Wrongful charge deprived defendent of Refugee Convention defence.
[2006] EWHC 539 (Admin) 20/3/06
David Jones

DK (Serbia) v SSHD (2006)
Scope of reconsideration of Asylum and Immigration Appeals Tribunal decisions and procedure to be followed.
[2006] EWCA Civ 1747 20/12/06. Reported at (2007) 2 All ER 483 & [2007] INLR 166
Frances Webber

Miftari Secretary of State for the Home Department (2005)
Jurisdiction of IAT to interfere with first-instance decision.
[2005] EWCA Civ 481 18/5/2005
Femi Omere

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