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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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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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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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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