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Legal Information 6

Case Law 6

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OPINION OF LORD TYRE In the petition O M (Petitioner) against SECRETARY OF STATE FOR THE HOME DEPARTMENT (Respondent) [2018] CSOH 17 The observation by the court in MIAB at paragraph 68 that many of the time-limits in the Dublin III Regulation are solely intended to regulate the position as between different member states is, at least as regards the six month time limit in article 29(1), inconsistent with the Court’s ruling that an applicant is entitled to rely upon expiry of the time limit in order to resist a transfer to the requested state. The same goes for the obiter observation of the Lord Ordinary in BM at paragraph 26 that the time limits in article 29(1) are solely intended to regulate the matter between member states. nothing in Shiri that casts any doubt on the correctness of the views expressed in both MIAB and BM regarding the suspensive effect of an administrative cancellation of removal directions falling within article 27(4). 12 March 2018 \| Judicial Body: United Kingdom: Court of Session (Scotland) \| Document type: Case Law \| Legal Instrument: 2013 Dublin III Regulation (EU) \| Topic(s): Suspensive effect \| Countries: Sudan - United Kingdom of Great Britain and Northern Ireland
R (on the application of Saeedi) v. Secretary of State for the Home Department Application for judicial review. 31 March 2010 \| Judicial Body: United Kingdom: High Court (England and Wales) \| Document type: Case Law \| Topic(s): Asylum policy - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Refoulement - Safe third country - Single procedure - Suspensive effect \| Countries: Afghanistan
R (on the application of Abdullah) v. Secretary of State for the Home Department and the Asylum and Immigration Tribunal Application for judicial review. 15 June 2009 \| Judicial Body: United Kingdom: High Court (England and Wales) \| Document type: Case Law \| Topic(s): Appeal / Right to appeal - Deportation / Forcible return - Rejected asylum-seekers - Residence permits / Residency - Suspensive effect \| Countries: Iraq - United Kingdom of Great Britain and Northern Ireland
R (on the application of BA (Nigeria)) v. Secretary of State for the Home Department; R (on the application of PE (Cameroon)) v. Secretary of State for the Home Department and Asylum and Immigration Tribunal On appeal from the High Court of Justice, Queens bench Division, Administrative Court: Etame v. Secretary of State for the Home Department; Anirah v. Secretary of State for the Home Department [2008] EWHC 1140 (Admin). The Court of Appeal judgment was subsequently appealed before the Supreme Court: [2009] UKSC 7. 26 February 2009 \| Judicial Body: United Kingdom: Court of Appeal (England and Wales) \| Document type: Case Law \| Topic(s): Appeal / Right to appeal - Deportation / Forcible return - Manifestly unfounded / Clearly abusive claims - Suspensive effect \| Countries: United Kingdom of Great Britain and Northern Ireland
Etame v. Secretary of State for the Home Department; Anirah v. Secretary of State for the Home Department Application for judicial review. The Court of Appeal (England and Wales) allowed a subsequent appeal: R (on the application of BA (Nigeria)) v. Secretary of State for the Home Department; R (on the application of PE (Cameroon)) v. Secretary of State for the Home Department and Asylum and Immigration Tribunal [2009] EWCA Civ 119. 23 May 2008 \| Judicial Body: United Kingdom: High Court (England and Wales) \| Document type: Case Law \| Topic(s): Appeal / Right to appeal - Criminal justice - Deportation / Forcible return - Drug trafficking - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Right to family life - Suspensive effect \| Countries: United Kingdom of Great Britain and Northern Ireland
AA (DP3/96 - Commencement of Enforcement Action) Pakistan v. Secretary of State for the Home Department 13 February 2007 \| Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority \| Document type: Case Law \| Topic(s): Appeal / Right to appeal - Denial of refugee status - Deportation / Forcible return - Right to family life - Suspensive effect \| Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

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