The respondent is a Sri Lankan Tamil. In 1992, at the age of 10, he became a member of the Liberation Tigers of Tamil Eelam (“LTTE”), the following year joining the LTTE’s Intelligence Division. He occupied various positions of responsibility and gained promotions within the organisation. At 18 he was appointed to lead a mobile unit transporting military equipment and other members of the Intelligence Division through jungles to a point where armed members of the Division could ...
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Supreme Court Press Summary – 26 November 2009 Background to the appeal BA and PE were each served a deportation order after unsuccessful appeals on human rights and asylum grounds against the decision to deport them. Both unsuccessfully made further submissions to the Secretary of State in an attempt to have the order revoked. They then applied to judicially review the decision not to revoke the deportation order, maintaining that their removal from the United Kingdom would be in breach ...
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Application for Leave to Appeal:- On 20 November 2006 the applicant, an Iranian national who had fled from there, entered the United Kingdom. The applicant claimed asylum and breach of his protected rights under the European Convention on Human Rights and on 24 January 2007 the respondent refused his application. The applicant exercised his right of appeal which was rejected by the Asylum and Immigration Tribunal in a decision dated 21 June 2007. The applicant successfully applied for reconsider ...
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Application for leave to appeal against a decision of an Immigration Judge of the Asylum and Immigration Tribunal under Section 103B of the Nationality, Immigration and Asylum Act 2002:- The appellant, an Iranian man born on 12 September 1971, entered the United Kingdom illegally on 1 February 2005 and sought asylum the following day. On 4 April 2005 the respondent decided that the appellant had not established a well-founded fear of persecution and that he did not qualify for asylum and conclud ...
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The petitioner, a Nigerian national born 25 May 1980, sought judicial review of a decision of the Secretary of State for the Home Department dated 7th August 2008 to refuse to treat the petitioner's representations based on further information as a fresh claim for asylum. The petitioner had arrived in the UK on 30 January 2006 and claimed asylum and breach of her human rights on 2 February 2006 which was refused on 11 May 2005. The petitioner appealed and an immigration judge dismissed the appea ...
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Petition for Judicial Review of a Decision of the Secretary of State for the Home Department dated 20 January 2009:- The petitioner arrived in the United Kingdom in July 2000 and claimed asylum which was refused on 16 May 2001 and an appeal was dismissed on 22 January 2002. His application for permission to appeal to the Tribunal was refused in March 2002. The petitioner was found on 1 March 2007 working at the Rupee Room in Ayr and stated his name as Rashpal Singh, born 8 July 1979. Subsequent ...
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Petition for Judicial Review of a Decision of the Secretary of State for the Home Department dated 12 December 2008:- The petitioner arrived in the United Kingdom on 27 August 1999 as the holder of a work permit valid until 5 September 1999. He failed to leave the country on the expiration of that permit and was subsequently found working illegally at the Amritsar restaurant in Kirkcaldy on 13 October 2001. Having been served with illegal entry papers he claimed asylum on 17 October 2001. That c ...
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This case turns on the construction of the Statement of Changes in Immigration Rules 2006, which came into force on 3 April 2006. Until then, a foreigner with any medical qualification was entitled to apply for leave to remain in the UK as a postgraduate doctor. The new rule confined the entitlement to those with medical qualifications from UK institutions. Did the new rule apply to all cases in which leave still had to be granted? Or only to doctors who had not yet applied? The distinction was ...
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This was an application for leave to appeal under Section 103(b) of the Nationality Immigration and Asylum Act 2002 against a decision of the Asylum and Immigration Tribunal, dated 17 September 2007, which refused leave to appeal against a decision of the Tribunal dated 4 July 2007. The applicant had fled from the Sudan to the United Kingdom on 21 November 2005 and applied for asylum here. The Secretary of State for the Home Department rejected the application and he appealed to an Immigrat ...
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Here the petitioner, a 29 year old Sudanese national, sought judicial review of a decision of the Secretary of State for the Home Department dated 25 May 2007 certifying that the petitioner had no right of appeal in relation to claims for asylum and violation of his ECHR rights. The petitioner arrived in the UK on 22 September 2004 and claimed asylum and violation of his ECHR rights. His claims were rejected and he appealed to an Immigration Adjudicator who rejected his claim. The petitioner sou ...
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