The issue in this appeal is whether a failure by the Respondent to comply with a procedural requirement in its policy relating to the detention of foreign national prisoners results in their detention being unlawful, so as to allow the detainee to advance a claim in tort for false imprisonment.Shepherd Masimba Kambadzi is a Zimbabwean national. He entered the UK lawfully, but remained here after his leave to remain expired. In 2005, he was convicted of assault and sexual assault, sentenced to on ...
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This appeal concerns the relationship between two rights which enable non-nationals to remain in the United Kingdom: humanitarian protection, which derives from European law, and asylum, which derives from a combination of domestic law, European law, and international law. The issue in the appeal is whether, because a right of appeal exists against a refusal of an asylum application, European law requires that a right of appeal also be available against a refusal of an application for humanitari ...
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This is a mother’s appeal to the Supreme Court on the ground that her removal from the United Kingdom will constitute a disproportionate interference with her right to respect for her private and family life, guaranteed by article 8 of the European Convention on Human Rights.The over-arching issue is the weight to be given to the best interests of children who are affected by the decision to remove or deport one or both of their parents from this country. Within this is a more specific question: ...
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HJ and HT are homosexual men – from Iran and Cameroon, respectively – who seek asylum in the United Kingdom on the basis that they would face the risk of persecution on grounds of sexual orientation if returned to their home countries.The Supreme Court unanimously allows the appeal, holding that the ‘reasonable tolerability’ test applied by the Court of Appeal is contrary to the Convention and should not be followed in the future. HJ and HT’s cases are remitted forreconsideration in light of the ...
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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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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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Mr Nasseri is an Afghan national who crossed into Greece in Dec 2004 and claimed asylum. The application was rejected in April 2005. By then he may already have been on his way to the UK, which he entered in September 2005 concealed under a lorry. When detected he again claimed asylum. Council Reg (EC) No 343/2003 (“the Dublin II Regulation”) provides in art.10 that if an asylum seeker has crossed the border from a third country into a Member State, that Member State, and only that ...
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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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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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