Application for Leave to Appeal under Section 103B of the Nationality Immigration and Asylum Act 2002:- On 2 December 2005 the appellant applied to the respondent for indefinite leave to remain in the United Kingdom. On 16 February 2006 the application was refused. The appellant appealed against that decision to the Asylum and Immigration Tribunal on the ground that the decision was unlawful under section 6 of the Human Rights Act 1998, as being incompatible with the appellant's Convention right ...
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Application for Leave to Appeal:- The appellant was a 41 year old woman from the Democratic Republic of Congo who claimed asylum on 18 October 2004. The claim was refused by the respondent on 28 November 2004. She appealed unsuccessfully to an Adjudicator, but a Senior Immigration Judge, and the Asylum and Immigration Tribunal ordered a reconsideration because it was held that the Adjudicator had:- (1) failed to set out the requisite standard of proof; (2) failed to deal with the background mate ...
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The petitioner, an Iraqi national, arrived in the United Kingdom during 2000 and claimed asylum. He was granted indefinite leave to remain in the United Kingdom, however, was convicted at Plymouth Crown Court and sentenced to three years imprisonment and recommended for deportation. On 31 August 2007 the petitioner was due to be released, however, the respondent served him with a notice that she intended to make a deportation order and detained him under the Immigration Act 1971. Here the petiti ...
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In December 2005 the Secretary of State rejected the respondent’s asylum and human rights claims and certified that they were clearly unfounded under s.94(2) of the Nationality, Immigration and Asylum Act 2002. The respondent was then served with a decision under s.82(2)(h) to remove him from the UK as an illegal immigrant. Twice in 2006 he made further submissions in support of his claims. In November 2006, the Secretary of State maintained her certification of the claims under s.94. It w ...
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Application for Leave to Appeal:- On 7 May 2004 the appellant, an Eritrean national, applied for asylum in the United Kingdom. The Secretary of State for the Home Department refused to grant her asylum and she appealed to an adjudicator. The adjudicator was not persuaded that the appellant had any well-founded fear of persecution for a refugee convention reason and refused the asylum claim, however, he considered that there was a real risk that if the appellant were returned to Eritrea she might ...
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The appellant is a national of the Republic of Poland. She came to Northern Ireland for the purpose of seeking employment in July 2004. From July 2004 to January 2005 she worked for Monaghan Mushrooms Ltd. She applied for a registration certificate under reg 8 of the Accession (Immigration and Worker Registration) Regulations 2004 which she received in November 2004. In January 2005, the appellant left Monaghan Mushrooms and secured work with two other employers (Smirnoff and Linwo ...
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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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