JM v Secretary of State for the Home Department
Section 84(1)(g) of the Nationality Immigration and Asylum Act 2002 allows the Tribunal to consider human rights claims on an appeal against refusal to vary leave, even where removal is not imminent; the contrary construction adopted by the Tribunal was erroneous.
- Parties
- Claimant/appellant: JM; Defendant/respondent: Secretary of State for the Home Department
- Jurisdiction
- England and Wales
- Judgment Date
- 04 October 2006
- Procedural Posture
- Civil Appeal / Cross Appeal on Human Rights Issue
- Outcome
- cross-appeal allowed
- Legal Topics
- Appeals Against Refusal to Vary Leave, Justiciability of Human Rights Claims, Statutory Interpretation, ECHR Article 8, Immigration Appeals Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
JM
Claimant/appellant
Secretary of State for the Home Department
Defendant/respondent
Procedural Posture
Civil Appeal / Cross Appeal on Human Rights Issue
Legal Issues
- 1 Whether a human rights claim is justiciable before the Asylum and Immigration Tribunal on an appeal against refusal to vary leave, in the absence of imminent removal
- 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 allows the Tribunal to consider human rights claims on an appeal against refusal to vary leave, even where removal is not imminent; the contrary construction adopted by the Tribunal was erroneous.
Court Disposition
cross-appeal allowed
Orders
- Cross-appeal of the Secretary of State allowed
- Appeal adjourned
Full Case Text
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