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1. Appeals.


Appeal check list

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2. JR.


R(Zeqiri) v Secretary of State [2002] Imm AR 42, Lord Hoffmann gave a useful summary::

"It is well established that conduct by an officer of state equivalent to a breach of contract or breach of representation may be an abuse of power for which judicial review is the appropriate remedy: see Lord Templeman in R v Inland Revenue Commissioners, Ex p Preston [1985] AC 835, 866-867. This particular form of the more general concept of abuse of power has been characterised as the denial of a legitimate expectation…. In principle I agree that an alleged representation must be construed in the context in which it is made. The question is not whether it would have founded an estoppel in private law but the broader question of whether, as Simon Brown LJ said in R v Inland Revenue Commissioners, Ex p Unilever plc [1996] STC 681, 695B, a public authority acting contrary to the representation would be acting "with conspicuous unfairness" and in that sense abusing its power." (para 44)
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3. Reco.


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4. Case Law.


CA v SSHD [2004] INLR 453, CA. Scope of Immigration Appeal Tribunal's jurisdiction on issues of law.

R v SSHD ex p Jeyeanthan [2000] 1 WLR 354, CA. Rules of immigration appeal procedure did not invalidate a defective appeal notice, but required tribunal to consider whether consequences of defect could and should be remedied.

AM ( Cameroon ) [2007] EWCA Civ 131

R(G) v [2005] 2 All er 165

R(M) v IAT [2004] EWCA Civ 1731

E v SSHD [2004] EWCA Civ 49

R v The Secretary of State ex part Sivakumaran 1988 AC 958-

It is on the appellant to show that he is entitled to Asylum

Fear of persecution is to be determined subjectively

Whether such a fear is well-founded must be determined objectively

Perescution was defined as ' serious harasment'

Jonah 1985 Imm AR7-

Meaning of persecution-

Horvath 2001 AC489

applicant for refugee status must show that the persecution which he fears consist of acts of violence or ill-treatment against which the state is unable or unwilling to provide protection.

Kacaj 2002 Imm AR,213

Stander of proof in a human rights appeal

Ullah & Do 2002 EWCA 1856

http://www.hmcourts-service.gov.uk/cms/4174.htm

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5. Article.

UK tribunal brings cheer to skilled Indian migrants
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6. Family.


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7. Information.


http://www.ait.gov.uk/forms_and_guidance/forms_and_guidance.htm

PRE-ACTION PROTOCOL FOR JUDICIAL REVIEW

Civil Procedure Rules

Asylum and Immigration Appeals Act 1993 (c. 23)

Immigration and Nationality Directorate | Appeals

united kingdom immigration appeals tribunal decisions 2000
Risk from self-harm

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8. . Latest changes


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9. .


The Immigration and Asylum Appeals (Procedure) Rules 2003

Practice Note (Court of Appeal: Asylum and Immigration Cases)

Border & Immigration Agency | Asylum and human rights

Asylum and Immigration Appeals Act 1993 (c. 23)

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