On 5 October 2004 the applicant, a 30 year old Sudanese man, entered the U.K. and claimed asylum the following day. By decision letter dated 28 November 2004 the respondent refused the applicant's claim. The applicant appealed. That appeal was refused in terms of a determination by an adjudicator dated 9 March 2005. A further appeal appeal was refused by the Immigration Judge in terms of a determination dated 6 April 2006. The applicant applied to the Asylum and Immigration Tribunal for permissi ...
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Application for leave to appeal under section 103B of the Nationality, Immigration and Asylum Act 2002:- The applicant, a 50 year old Russian female, claimed asylum on 17 August 2005. She was interviewed in connection with her claim on 1 September 2005. By letter dated 17 October 2005 the Immigration and Nationality Directorate of the Home Office refused her application and an appeal against that decision was refused, but on reconsideration it was held that the Immigration Judge who had made tha ...
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Appeal under section 103B of the Nationality Immigration and Asylum Act 2002:- The appellant, a 35 year old man from Iran, arrived in the United Kingdom on 22 November 2000 and claimed asylum. His application for asylum was refused by the Secretary of State for the Home Department and a Notice of Decision dated 12 February 2001 containing Removal Directions to Iran was served on him. He appealed against that Notice claiming that any removal would be in breach of the 1951 Refugee Convention and t ...
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Appeal Against the Secrectary of State for the Home Department:- The appellant, from Zimbabwe, arrived in the United Kingdom on 22 December 2004 and claimed asylum. The basis of her claim was that she had a well-founded fear of persecution arising out of certain actions taken by the Zanu-PF Youth against her husband and herself. Her claim to asylum was refused by the respondent by letter dated 28 January 2005. She appealed against that refusal to the Asylum and Immigration Tribunal and by determ ...
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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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