Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.
Case law:
- swarb.co.uk cases
recent (lawindexpro.co.uk) - Up to 10 recent cases on this area of law
historic (swarb.co.uk) - many cases on this topic from before 2000.
- AA (Risk for Involuntary Returnees) Zimbabwe CG; IAT 1-Aug-2006 -
Al-Sirri -v- Secretary of State for The Home Department; SC 21-Nov-2012 - The appellants had been refused refugee status on the ground that they were suspected of having been guilty of terrorist acts. They said that the definition of terrorism applied within the UK was wider than that in the Convention which contained the exemption under which they were to be excluded.<br />Held: The appeals failed. The exemption must be construed tightly and applied only with caution, recognising the need for it to be applied only for serious criminal acts with international implications and adequate evidence of responsibility.
AM (Cameroon), Regina (on the Application of) -v- Asylum and Immigration Tribunal; CA 21-Feb-2007 - The asylum applicant sought judicial review of interlocutory decisions of an immigration judge. The defendant said that there was a statutory procedure and that therefore that had to be followed rather than judicial review.
Odelola -v- Secretary of State for the Home Department; HL 20-May-2009 - The appellant had applied for leave to remain as a postgraduate doctor. Before her application was determined, the rules changed. She said that her application should have been dealt with under the rules applicable at the time of her application.
Regina -v- Secretary of State for the Home Department ex parte Aissaoui; Admn 1997 - The IAT had remitted an appeal to be heard de novo by another adjudicator. The second adjudicator dismissed the appeal, but recorded that the determination of the first adjudicator had been on file and that he had ‘had the advantage of having perused it’. The applicant sought permission to move for judicial review on the ground that it had been improper . .
SL (Unmarried Mother With Mixed Race Child) Azerbaijan CG; UTIAC 15-Feb-2013 - 1. Azerbaijan is a country with high levels of corruption and there is clear evidence that political dissent is not tolerated. <br />2. There is nothing to indicate that the State would in any way penalise unmarried mothers (approximately 10% of mothers) or those who have mixed race children. There are in place some support mechanisms for single parents.
Westminster City Council and Another -v- Morris; Regina (Badu) -v- Lambeth London Borough Council; CA 14-Oct-2005 - The claimant sought housing assistance. She had a child. She was subject to immigration control. She complained that when considering her application, the Act required the authority to disregard her responsibiltes to her children. Held: The Act was inconsistent with her right to family life.
- 1914
- Status of Aliens Act 1914 / 14 -|- Case law
An Act to consolidate and amend the Enactments relating to British Nationality and the Status of Aliens.
- National Assistance Act 1948 / 29 -|- Case law -|- See Also: Benefits, Local Government, Health
An Act to terminate the existing poor law and to provide in lieu thereof for the assistance of persons in need by the National Assistance Board and by local authorities; to make further provision for the welfare of disabled, sick, aged and other persons and for regulating homes for disabled and aged persons and charities for disabled persons; to amend the law relating to non-contributory old age pensions; to make provision as to the burial or cremation of deceased persons; and for purposes connected with the matters aforesaid.
British Nationality Act 1948 / 56 -|- Case law
An Act to make provision for British nationality and for citizenship of the United Kingdom and Colonies and for purposes connected with the matters aforesaid.
- Convention Relating to the Status of Refugees 1951 / -|- Case law -|- See Also: International
- Matrimonial Causes Act 1965 / 72 -|- Case law -|- See Also: Family, Children
An Act to consolidate certain enactments relating to matrimonial causes, maintenance and declarations of legitimacy and British nationality, with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949.
- Immigration Act 1971 / 77 -|- Case law
An Act to amend and replace the present immigration laws, to make certain related changes in the citizenship law and enable help to be given to those wishing to return abroad, and for purposes connected therewith.
- Matrimonial Causes Act 1973 / 18 -|- Case law -|- See Also: Family, Children
An Act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and British nationality, with amendments to give effect to recommendations of the Law Commission.
- Prevention of Terrorism (Temporary Provisions) Act 1974 / 56 -|- Case law -|- See Also: Crime, Company, Police
An Act to proscribe organisations concerned in terrorism, and to give power to exclude certain persons from Great Britain or the United Kingdom in order to prevent acts of terrorism, and for connected purposes.
- British Nationality Act 1981 / 61 -|- Case law
An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom
- Immigration Act 1988 / 14 -|- Case law
An Act to make further provision for the regulation of immigration into the United Kingdom; and for connected purposes
- Asylum and Immigration Appeals Act 1993 / 23 -|- Case law
An Act to make provision about persons who claim asylum in the United Kingdom and their dependants; to amend the law with respect to certain rights of appeal under the Immigration Act 1971; and to extend the provisions of the Immigration (Carriers’ Liability) Act 1987 to transit passengers.
- Asylum and Immigration Act 1996 / 49 -|- Case law
An Act to amend and supplement the Immigration Act 1971 and the Asylum and Immigration Appeals Act 1993; to make further provision with respect to persons subject to immigration control and the employment of such persons; and for connected purposes.
- Special Immigration Appeals Commission Act 1997 / 68 -|- Case law
An Act to establish the Special Immigration Appeals Commission; to make provision with respect to its jurisdiction; and for connected purposes.
- Nationality, Immigration and Asylum Act 2002 / 41 -|- Case law -|- See Also:, Administrative, Crime
An Act to make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes.
British Overseas Territories Act 2002 / 8 -|- Explanatory Note -|- Case law
An Act to make provision about the name 'British overseas territories' and British citizenship so far as relating to the British overseas territories.
- The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 / 1910 -|- Explanatory Note -|- Case law -|- See Also: Crime
In exercise of the powers conferred upon him by section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002(1), the Secretary of State hereby makes the following Order:
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 / 19 -|- Explanatory Note -|- Case law -|- See Also:, Crime, Family, Human Rights
An Act to make provision about asylum and immigration.
- Immigration, Asylum and Nationality Act 2006 / 13 -|- Case law
An Act to make provision about immigration, asylum and nationality; and for connected purposes.
- UK Borders Act 2007 / 30 -|- Explanatory Note -|- Case law
An Act to make provision about immigration and asylum; and for connected purposes.
- Criminal Justice and Immigration Act 2008 / 4 -|- Explanatory Note -|- Case law -|- See Also: Crime, Criminal Sentencing
An Act to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition of financial penalties; to amend the Repatriation of Prisoners Act 1984; to make provision for a new immigration status in certain cases involving criminality; to make provision about the automatic deportation of criminals under the UK Borders Act 2007; to amend section 127 of the Criminal Justice and Public Order Act 1994 and to confer power to suspend the operation of that section; and for connected purposes.
- Borders, Citizenship and Immigration Act 2009 / 11 -|- Explanatory Note -|- Case law -|- See Also:, Customs and Excise
An Act to provide for customs functions to be exercisable by the Secretary of State, the Director of Border Revenue and officials designated by them; to make provision about the use and disclosure of customs information; to make provision for and in connection with the exercise of customs functions and functions relating to immigration, asylum or nationality; to make provision about citizenship and other nationality matters; to make further provision about immigration and asylum; and for connected purposes.
- Immigration Act 2014 / 22 -|- Explanatory Note -|- Case law -|- See Also:, Family, Employment
An Act to make provision about immigration law; to limit, or otherwise make provision about, access to services, facilities and employment by reference to immigration status; to make provision about marriage and civil partnership involving certain foreign nationals; to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers and mothers were not married to each other and provision about the removal of citizenship from persons whose conduct is seriously prejudicial to the United Kingdom's vital interests; and for connected purposes.
- Specialist Printing Equipment and Materials (Offences) Act 2015 / 16 -|- Case law -|- See Also: Crime, Media, Administratice
An Act to make provision for an offence in respect of supplies of specialist printing equipment and related materials; and for connected purposes.
- Immigration Act 2016 / 19 -|- Case law -|- See Also:, Employment, Administrative
An Act to make provision about the law on immigration and asylum; to make provision about access to services, facilities, licences and work by reference to immigration status; to make provision about the enforcement of certain legislation relating to the labour market; to make provision about language requirements for public sector workers; to make provision about fees for passports and civil registration; and for connected purposes.
Links:
- AIT - Starred Determinations -|- (2007) The inclusion of a determination on this list does not indicate that it is still good law
An employer’s guide to right to work checks
Country Guideline Determinations -|- Jan 15
CPS - Immigration Offences
How to get good asylum advice -|- Advice Now
Immigration judicial review -|- Law Society Practice Note
Joint Council for the Welfare of Immigrants (JWCI) -|- Campaigning for justice in immigration, nationality & asylum law & policy since 1967
Pending Country Guidance Cases and Issues -|- Jan 15
Refugee Council -|- Supporting and Empowering Refugees
The Aire Centre -|- Legal Advice on Rights in Europe
UK Border Agency
