Judicial Review of the decisions of the Secretary of State for the Home Department to refuse to grant the petitioner leave to remain in the United Kingdom and to certify her claim in terms of section 94(2) of the Nationality, Immigration & Asylum Act 2002:- The petitioner, a Nigerian national, arrived in the United Kingdom as a visitor on 20 November 2004. The petitioner overstayed her visa and gave birth to a daughter on 3 October 2005. The petitioner sought asylum in 2008 and her applicati ...
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The reclaimer, a Nigerian national, arrived in the United Kingdom in March 2006 and soon after gave birth to her son. On 16 November 2006 she applied for asylum which was refused on 20 December 2006. She appealed against that decision, in terms of section 82(1) of the Nationality Immigration and Asylum Act 2002 and her appeal was refused by an Immigration Judge on 13 February 2007. On 13 December 2007 the reclaimer's solicitors submitted documents they described as "fresh evi ...
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The petitioner, a Cameroon national, aged 50, arrived in the United Kingdom on 22 January 1999 using a forged document and claimed asylum on that date. On 1 December 2000 his application for asylum was refused by the the respondent. The petitioner appealed against the refusal of asylum to an adjudicator, who dismissed the appeal on 15 February 2002. An appeal against that decision was taken to the Immigration Appeal Tribunal, which dismissed the appeal on 28 October 2002. The petitioner sought l ...
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On 31 January 2005 the petitioner filed his tax return for the year ended 5 April 2004. On 23 October 2006, Dr Branigan on behalf of the first respondents, HMRC, wrote to the petitioner advising him of his intention to seek the consent of a commissioner to issue a discovery notice. In September 2007, Dr Branigan issued a discovery notice. Dr Branigan subsequently acknowledged that the notice was invalid and a fresh precursor letter was sent to the petitioner on 15 July 2008. The petitioner did n ...
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The petitioner was incorporated on 12 September 2006 and incurred various expenditure from that date in relation to a development of a retail site. The petitioners only registered for VAT from 1 August 2007. The petitioner applied to reclaim the VAT in respect of its expenditure since 2006. HMRC, however, restricted the input tax recoverable to the six month period prior to the petitioner's registration. The petitioners sought to recover the disallowed amount of £16,692.26, however, HMRC re ...
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Here the petitioners sought judicial review of a decision of Gordon Murray, an architect, in his capacity as Independent Expert under a contract between the petitioners and National Car Parks Limited, the latter being the in interested party. Murray had been appointed as Independent Expert to determine whether or not a suspensive condition in the missives had been purified. The dispute between the parties was whether Murray, when acting as Independent Expert, was acting as an arbiter and could b ...
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The petitioner, a Jamaican national, lived in the United Kingdom for five years when she was a child before returning to Jamaica in 1992 when she was aged 12. The petitioner returned to the United Kingdom on 18 October 2000 accompanied by her two children, aged one and three, and were granted leave to enter for six months as visitors. Now, eight years after the expiry of that temporary permission the petitioner and her children are still within the United Kingdom, the petitioner at an Immigratio ...
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In this petition for judicial review, the petitioners contended that the 2009 Act which was passed by the Scottish Parliament on 11 March 2009 and received the Royal Assent on 17 April 2009, was outwith the legislative competence of the Scottish Parliament on the grounds of its incompatibility with Article 6 of the European Convention on Human Rights (Right to a fair trial) and Article 1 of the First Protocol thereto (Protection of property). The Act is due to come in to force on 17 June 2009. A ...
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The petitioner arrived in the United Kingdom on 9 February 2004 and sought asylum claiming he was Palestinian. His claim for asylum was rejected on 22 March 2004. He appealed, his appeal was dismissed on 16 November 2004 and his appeal rights expired on 3 December 2004. On 11 July 2005, the petitioner was convicted, at Grantham Magistrates Court, of using a false passport and, on 20 August 2005, was sentenced to 12 months imprisonment. On 9 January 2008 the respondent, served a notice on the pet ...
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On 2 January 2008 the petitioner was playing for East Fife in a Scottish Football League Championship third division match against Stranraer Football Club at East Fife's home ground of New Bayview Stadium, Methil. At the end of the match there was a heated argument between both sets of players that continued in to the dressing room area of the ground. In his match report the referee stated:- "the phrase "black bastard" coming from the direction of the home dressing room door although I could not ...
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