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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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R (on the application of Haidary) v. Secretary of State for the Home Department

Application for judicial review. Subsequently appealed before the Court of Appeal: KH (Afghanistan) v. Secretary of State for the Home Department [2009] EWCA Civ 1354.

3 July 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Complementary forms of protection - Evidence (including age and language assessments / medico-legal reports) - Mental health - Post-traumatic stress disorder (PTSD) - Rejected asylum-seekers - Right to family life | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

R (on the application of M and A) v. London Borough of Lambeth; London Borough of Croydon

Application for judicial review. The judgment was subsequently appealed before the Court of Appeal: [2008] EWCA Civ 1445.

20 June 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Rule of law / Due process / Procedural fairness - Standard of proof - Unaccompanied / Separated children | Countries: United Kingdom of Great Britain and Northern Ireland

R (on the application of S) v. Secretary of State for the Home Department; R (on the application of Q) v. Secretary of State for the Home Department; R (on the application of H) v. Secretary of State for the Home Department

The Court of Appeal (England and Wales) dismissed a subsequent appeal: R (on the application of S, H and Q) v. Secretary of State for the Home Department [2009] EWCA Civ 334.

11 April 2008 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Asylum policy - Exceptional leave to remain (ELR) - Proof of nationality - Rejected asylum-seekers | Countries: United Kingdom of Great Britain and Northern Ireland

Nasseri v. Secretary of State for the Home Department

Application for judicial review of the Secretary of State's decision to order removal to Greece, and application for a declaration that the provisions of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 Schedule 3 para 3 were incompatible with Article 3 of the European Convention on Human Rights. The Court of Appeal allowed the Secretary of State’s subsequent appeal: Secretary of State for the Home Department v. JN [2008] EWCA Civ 464.

2 July 2007 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Appeal / Right to appeal - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Safe third country | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

R (on the Application of S) v. Secretary of State for the Home Department

26 January 2007 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Changes of circumstances in home country - Deportation / Forcible return - Manifestly unfounded / Clearly abusive claims - Right to family life | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

R (on the application of S and Others) v. Secretary of State for the Home Department

Application for judicial review challenging the lawfulness of the Secretary of State's decision that it was inappropriate to grant the claimants Discretionary Leave to enter the United Kingdom, and that they should remain there on temporary admission.

10 May 2006 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Complementary forms of protection - Freedom from torture, inhuman and degrading treatment - Hijacking - Temporary admission | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

R (on the application of Badur) v. (1) Birmingham Crown Court, (2) Solihull Magistrates' Court (Defendants), (1) Director of Public Prosecutions, (2) Secretary of State for the Home Department and (3) Crown Prosecution Service (Interested Parties)

20 March 2006 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Criminal justice - Derivative status | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

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