Leka v Secretary of State for the Home Department [2003] EWCA Civ 637 (19 March 2003)

Leka v Secretary of State for the Home Department [2003] EWCA Civ 637 (19 March 2003)

The only permissible grounds of appeal are those based on the Refugee Convention or human rights; arguments on legitimate expectation and failure to give reasons are not within the statutory grounds, so the appeal must be dismissed.

Citation
[2003] EWCA Civ 637
Parties
Applicant (appellant): Eltin Leka; Respondent (respondent): Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 March 2003
Procedural Posture
Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Grounds of Appeal, Refugee Convention, Human Rights Act, Legitimate Expectation, Failure to Give Reasons
Immigration Law Human Rights Law Grounds of Appeal Refugee Convention Human Rights Act Legitimate Expectation Failure to Give Reasons

Case Brief

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Parties

Eltin Leka

Applicant (appellant)

Secretary of State for the Home Department

Respondent (respondent)

Procedural Posture

Immigration Appeal / Appeal From Immigration Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the grounds of appeal advanced fall within the statutory restrictions under the Immigration and Asylum Act 1999

Ratio Decidendi

The only permissible grounds of appeal are those based on the Refugee Convention or human rights; arguments on legitimate expectation and failure to give reasons are not within the statutory grounds, so the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed