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Reported Case News

Duncan Lewis:Reported Case

KH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1354 (14 December 2009)

The appellant, an Afghan national initially sought asylum unsuccessfully in the UK in 2002. Since then, the appellant’s mental health problems surfaced and he was diagnosed with depression and required continued medication. The appellant wanted to ov  Read more...

Duncan Lewis:Reported Case

EW, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 2957 (18 November 2009)

The claimant, an Eritrean national arrived in the UK in 2009 and it emerged that he had been fingerprinted in Italy in 2008. The UK made a formal request for Italy to accept responsibility for the claimant’s asylum application under the Dublin Regula  Read more...

Duncan Lewis:Reported Case

Gunama, R (on the application of) v Entry Clearance Officer, Manila [2009] EWHC 2583 (23 October 2009)

The claimant, a national from the Philippines was seeking to challenge the decision of the Entry Clearance Officer, Manila (ECO) to refuse her entry into the UK as a student. The supporting documentation for the claimant’s application stated that she  Read more...

Duncan Lewis:Reported Case

R on the Application of Ariemuguvbe v. London Borough of Islington [2009] EWCA Civ 1308 (21 October 2009)

The Appellant, a Nigerian citizen, married a British citizen, her first husband, in 1994 before remarrying in 2008. In 1998, the Appellant’s 5 children joined her in the UK on visitors’ visas. From 2007 until 2008, the Appellant lived with her second  Read more...

Duncan Lewis:Reported Case

In the matter of O(A Child) [2009] EWCA Civ 1273 (16 October 2009)

E was the daughter of Turkish and British parents who were married. The mother applied for permission to appeal against an order made in relation to her daughter under the Hague Convention 1980 and the Child Abduction and Custody Act 1985. The Court   Read more...

Duncan Lewis:Reported Case

AK & FH (KOSOVO) v Secretary of State for the Home Department [2009] EWCA Civ 1032 (9 September 2009)

The sons of well known Serb collaborators claimed to be at risk of losing their lives if they were returned to Kosovo. It was submitted that the collaboration by the Appellants’ relatives with Serb military authorities would put the appelants’ lives   Read more...

Duncan Lewis:Reported Case

Heald & Ors v London Borough of Brent [2009] EWCA Civ 930 (20 August 2009)

The Appellants contend that it was unlawful for Brent to contract out the carrying out of its reviews, with the result that the reviews carried out in each of their cases were themselves ultra vires and unlawful. They also contend that there was an a  Read more...

Duncan Lewis:Reported Case

AM, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 833 (30 July 2009)

These two appeals have been heard together because they raise a common point to which different judges sitting in the Administrative Court have given different answers. The point concerns the proper interpretation and application of the Home Office^s  Read more...

Duncan Lewis:Reported Case

Ghassemian v Borough of Kensington & Chelsea [2009] EWCA Civ 743 (8 June 2009)

This is an application for permission to appeal on the grounds in the reamended grounds of appeal from the decision of HHJ Behar dated 27 June 2008 dismissing an application to set aside an order dated 9 May 2007 made pursuant to Section 75(7) paragr  Read more...

Duncan Lewis:Reported Case

Odelola (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2009] UKHL 25 (20 May 2009)

A Nigerian citizen with a medical qualification from a Nigerian University applied for leave to remain in the UK as a postgraduate doctor. Following her application, the Immigration Rules changed and no longer extended to foreign applicants with medi  Read more...

Duncan Lewis:Reported Case

ZO (Somalia) & Anor, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 442 (20 May 2009)

A Somali national arrived in the UK in 2003 when his asylum claim was initially refused. The Appellant subsequently applied for permission to work in the UK which was refused in 2007. The Court of Appeal had to decide whether the case was covered by   Read more...

Duncan Lewis:Reported Case

KH (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 836 (19 May 2009)

The Appellant, an Afghan national, initially sought political asylum in the UK in 2002 which was unsuccessful. He submitted a new application for non-removal in 2005 on grounds of his mental condition. The Court of Appeal allowed the appeal on the ba  Read more...

Duncan Lewis:Reported Case

Omondi, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 827 (Admin) (23 April 2009)

The short question raised in these proceedings is whether s.83 applies to a person who has had leave, but only in the past, unrelated to his asylum claim or its rejection  Read more...

Duncan Lewis:Reported Case

In the Matter of Z (A Child) [2009] EWCA Civ 430 (6 April 2009)

This mother of three children appealed against an order for unsupervised contact by their father to the two youngest children. The mother alleged that she had a fear that the father may abduct the children to Algeria, a country which is not a signato  Read more...

Duncan Lewis:Reported Case

Elyarna Alexander-David v. The Mayor & Burgesses of the London Borough of Hammersmith & Fulham [2009] EWCA Civ 259 (1 April 2009)

Possession proceedings were commenced in 2007 by the Respondent following unresolved complaints against the Appellant. The Court of Appeal held that the Respondent had purported to grant the Appellant a legal estate with the consequence that, in acco  Read more...

Duncan Lewis:Reported Case

S & Ors, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 142 (25 February 2009)

The circumstances in which claims such as the present will succeed are very rare indeed. The facts must be exceptional. Delay in advancing the case will be fatal. Those who advise claimants should be aware of that before embarking on proceedings, oft  Read more...

Duncan Lewis:Reported Case

Semere, R (on the application of) v Asylum and Immigration Tribunal [2009] EWHC 335 (Admin) (25 February 2009)

The case of Semere confirmed time limits for the submission of applications for reconsideration in immigration and asylum appeals, extending the deadline from 4pm on the last day for service until the end of that day.

  Read more...

Duncan Lewis:Reported Case

S & Ors, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 334 (25 February 2009)

The circumstances in which claims such as the present will succeed are very rare indeed. The facts must be exceptional. Delay in advancing the case will be fatal. Those who advise claimants should be aware of that before embarking on proceedings, oft  Read more...

Duncan Lewis:Reported Case

Ariemuguvbe, R (on the application of) v London Borough of Islington [2009] EWHC 470 (Admin) (24 February 2009)

The issue in this judicial review is whether Islington London Borough Council were entitled to ignore the claimant^s adult children, who are subject to immigration control, when considering the allocation of accommodation under Part VI of the Housing  Read more...

Duncan Lewis:Reported Case

G v A [2009] EWHC 11 (Fam) (20 January 2009)

These are proceedings brought by a mother pursuant to section 15 of and Schedule 1 to the Children Act 1989. The proceedings relate to N, who was born in March 2001. His parents were never married.

  Read more...

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