Contract of Employment - Definition of employeeThe Appellants were a husband and wife who entered into contracts of employment with a company which they managed and which they between them owned 99.99% of the shares (the wife having just 51.99% and the husband 48%). When the company became insolvent they claimed against the Secretary of State under the insolvency provisions of the Employment Rights Act 1996. The Employment Tribunal held that by reason of their joint control of the co ...
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Petition for Judicial Review of a Determination of the Immigration Appeal Tribunal to Refuse Leave to Appeal
The petitioner, an Iranian national, arrived in the United Kingdom in the back of a lorry on 29 August 2001 and claimed asylum on 30 August 2001. On 11 April 2002, his application was refused by the Secretary of State for the Home Department. On 17 April 2002, a notice of decision to issue removal directions was issued. The petitioner appealed against the refusal of his claim for asylum to an adjudicator. The appeal was refused. The petitioner then applied to the Immigration Appeal Tribunal for ...
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Appeal under section 103B of the Nationality, Immi
This was an appeal against a decision of an Immigration Judge dated 15 April 2005, dismissing the appellant's appeal against a decision of the respondent of 5 October 2000 refusing his claim for asylum. Leave to appeal was refused by the Asylum and Immigration Tribunal on 15 July 2005, however, leave was granted on 15 March 2006 by the court here. The appellant was a citizen of China. He arrived illegally in the United Kingdom on 22 January 2000. He sought asylum on 26 January 2000. His claim to ...
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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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