JM v Secretary of State for the Home Department [2006] EWCA Civ 1402 (04 October 2006)

JM v Secretary of State for the Home Department [2006] EWCA Civ 1402 (04 October 2006)

Section 84(1)(g) of the Nationality Immigration and Asylum Act 2002 must be construed to allow human rights claims to be raised and adjudicated in appeals against refusal to vary leave, even where removal is not imminent; the AIT's narrower construction was erroneous.

Source-derived case information.

Citation
[2006] EWCA Civ 1402
Parties
Claimant/appellant: JM; Defendant/respondent: Secretary of State for the Home Department; Amicus: S Murray
Jurisdiction
England and Wales
Judgment Date
04 October 2006
Procedural Posture
Appeal (immigration/asylum) / Court of Appeal (civil Division) Cross Appeal on Human Rights Issue
Outcome
Cross-appeal allowed; AIT's construction of section 84(1)(g) overturned.
Legal Topics
Appeals Against Refusal to Vary Leave, Jurisdiction of AIT, ECHR Article 8, Section 84(1)(g) Nationality Immigration and Asylum Act 2002, One Stop Appeals, Human Rights Claims in Immigration Appeals
Immigration Law Human Rights Law Appeals Against Refusal to Vary Leave Jurisdiction of AIT ECHR Article 8 Section 84(1)(g) Nationality Immigration and Asylum Act 2002 One Stop Appeals Human Rights Claims in Immigration Appeals

Source-derived case record

Summary, issues, holding and outcome

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Parties

JM

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

S Murray

Amicus

Procedural Posture

Appeal (immigration/asylum) / Court of Appeal (civil Division) Cross Appeal on Human Rights Issue

Legal Issues

  1. 1 Whether a human rights claim is justiciable before the AIT on an appeal against refusal to vary leave, absent imminent removal
  2. 2 Proper construction of section 84(1)(g) of the Nationality Immigration and Asylum Act 2002

Ratio Decidendi

Section 84(1)(g) of the Nationality Immigration and Asylum Act 2002 must be construed to allow human rights claims to be raised and adjudicated in appeals against refusal to vary leave, even where removal is not imminent; the AIT's narrower construction was erroneous.

Court Disposition

Cross-appeal allowed; AIT's construction of section 84(1)(g) overturned.

Orders

  • Cross-appeal of Secretary of State allowed
  • Appeal adjourned