Petition for for Judicial Review of a Decision of
The adjudicator had dismissed the petitioner's appeal against a decision of the Secretary of State for the Home Department dated 16 July 2001 refusing a grant of asylum under the 1951 United Nations Convention Relating to the Status of Refugees and giving directions for the petitioner's removal from the United Kingdom. The basis of the pursuer's claim was that he feared persecution in Iran because he was a supporter of Mujahedin-e Khalq. His claim for asylum was refused on the ground that he had ...
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Petition for Judicial Review of (1) a determinatio
The IAT's determination refused leave to appeal against the determination of an adjudicator dismissing the petitioner's appeal against the decision of the Secretary of State for the Home Department to give directions for his removal from the United Kingdom. In his appeal the petitioner argued that he had a well-founded fear of persecution under the 1951 UN Convention Relating to the Status of Refugees and that removal would breach his rights under the European Convention on Human Rights. The pet ...
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Judicial Review of a decision of the Immigration A
The petitioner here was a national of Pakistan.The respondent was the Secretary of State for the Home Department, having responsibility for immigration and asylum matters. The petitioner sought judicial review of a decision of the IAT to direct a fresh Adjuication to take place by a different Adjudicator than the one who first heard the appeal. Counsel for the petitioner argued:- (1) The IAT's decision was based on a misunderstanding or a misrepresentation of part of the adjudicator's determinat ...
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Judicial Review of a Decision of the Immigration A
The petitioner entered the UK illegally in March 2001. He applied for asylum. The application was refused. He appealed against that decision to the Adjudicator who also refused the application. He further appealed to the Immigration Appeal Tribunal. The Tribunal refused him leave to appeal. Here he sought decree of declarator that the Tribunal erred in law in refusing leave to appeal. Counsel for the petitioner submitted that leave ought to have been granted as the Adjudicator's findings in fact ...
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Immigration - Judicial Review
This was a petition for judicial review concerning an application for asylum. The original application was refused and an Adjudicator refused an appeal. The Immigration Appeal Tribunal subsequently refused permission to appeal. Here the Petitioner sought reduction of the determinations of the Adjudicator and of the Immigration Appeal Tribunal. The Adjudicator dismissed the appeal on asylum grounds and he also dismissed the appeal on human rights grounds. Permission to appeal was refused by IAT:- ...
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Immigration - Judicial Review
This was a petition for judicial review concerning an application for asylum. The original application was refused and an Adjudicator refused an appeal. The Immigration Appeal Tribunal subsequently refused permission to appeal. Here the Petitioner sought reduction of the determinations of the Adjudicator and of the Immigration Appeal Tribunal. The Adjudicator dismissed the appeal on asylum grounds and he also dismissed the appeal on human rights grounds. Permission to appeal was refused by IAT:- ...
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Immigration Appeal Tribunal
This was an appeal by an Iranian national, against a determination of the mmigration Appeal Tribunal dated 3 April 2003. The tribunal had refused the appellant's appeal against the determination of an adjudicator dated 19 July 2002 in which it was held that her return to Iran (a) would not contravene the United Nations Convention Relating to the Status of Refugees 1951 and (b) would not contravene Articles 2, 3 or 6 of the European Convention on Human Rights. On 8 May 2003 the tribunal refused t ...
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Appeal to the Court of Session under section 103(2
The appellant sought leave to appeal to the Immigration Appeal Tribunal. Seven grounds of appeal were put forward. Leave was granted in respect of ground 5 but refused in respect of the other grounds. Following a hearing the Tribunal, by determination notified on 10 February 2004, dismissed the appeal. The appellant then sought leave from the Tribunal to appeal to the Court here. On 26 March 2004 that was refused. On 30 June 2004 the appellant applied to the court here for leave to appeal. It wa ...
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Petition for Judicial Review of a decision by an e
The petitioner, an Afghani, fled Afghanistan in 2004 and arrived in Greece by inflatable boat in October 2004, where he was immediately arrested and detained. After five days he was released from detention and given a piece of paper advising him that he must leave Greece within 30 days which he did and he arrived in the United Kingdom on 23 March 2005 and tried to claim asylum in the United Kingdom. The petitioner challenged the validity of the Home Secretary's decision of a letter dated 8 April ...
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Original application refused on the basis that the applicant had failed to establish to any standard that there is a risk of her being persecuted for a Refugee Convention reason. Counsel for the petitioner argues that the petitioner finds herself in a Robinson situation in that the point being argued on her behalf was not specifically mentioned in her Grounds for Leave to Appeal to the Tribunal. In this case nationality is a major issue.
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