The appellant EM is a Lebanese national. She came to this country in December 2004 with her son AF, the second intervener, who is now aged 12. She claimed asylum. EM married in Lebanon but later divorced her husband because of his violence. Under the prevailing law the father retained legal custody of AF, but the divorce court ruled that the child should remain in EM’s care until he reached the age of seven. Thereafter, Islamic law as applied in Lebanon entitled the fat ...
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The appellant is a Palestinian by birth. The appellant claimed asylum in this country on a number of grounds. Her application was refused by the Home Secretary and, on appeal, by an adjudicator. The appellant was refused leave to appeal by the Immigration Appeal Tribunal. She then lodged a petition in the Court of Session seeking a review of that refusal under s.101 of the Nationality, Immigration and Asylum Act 2002. The petition was considered by Lady Cosgrove who dismissed it. The appe ...
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The issue before the House is whether a local social services authority is obliged, under s.21(1)(a) of the National Assistance Act 1948, to arrange (and pay for) residential accommodation for a person subject to immigration control who is HIV positive but whose only needs, other than for a home and subsistence, are for medication prescribed by his doctor and a refrigerator in which to keep it. The answer to that issue turns on the meaning of the words “in need of care and attention which ...
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In October 2003, the Home Secretary, announced a one-off exercise to clear some long-standing asylum cases off the books by giving the claimants indefinite leave to remain in this country. Those who were given this indefinite leave were families with children who had claimed asylum before 2 October 2000 and who were still living here as a family unit in October 2003. The appellants were among those who did not benefit from this indefinite leave as, although they had arrived here as childre ...
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The appellant is a citizen of Sierra Leone, who in 1997, arrived in the UK from Senegal following a military coup in Sierra Leone. Initially he was granted 12 months’ leave to enter as a student. Having completed his A-levels he began to study law at university, obtaining the necessary extensions of leave until December 2000 when his final leave expired. The appellant’s elder sister is a British citizen and has lived here continuously since 1993. His father registered as a Br ...
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Judicial Review:- In this action the petitioner, a 26 year old Iraqui Kurd, sought judicial review of a decision of the Secretary of State intimated by letter dated 24 April 2007 refusing the petitioner's application for Indefinite Leave to Remain made on 25 August 2006. In January 2001 the petitioner left Iraq to escape persecution by the Islamic Movement. He entered the United Kingdom, illegally, on 17 February 2001 and his claim for asylum was refused by the Secretary of State on 29 March 200 ...
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Judicial Review:- In this action the petitioner, a 33 year old woman from Nigeria, sought judicial review of a decision of the respondent by letter dated 5 February 2008 to the petitioner's solicitors.The petitioner arrived in the United Kingdom in March 2006 and made an application for asylum which was refused on 20 December 2006. She appealed and her appeal was heard by an Immigration Judge on 9 February 2007 who held that the petitioner's fear of persecution was well founded, but dismissed he ...
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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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