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England and Wales Case Law

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Immigration-law

A. H. M v The Secretary of State for the Home Department

The Tribunal allowed the asylum appeal, finding the appellant’s family had repeatedly located her in Nigeria, so internal relocation was not a safe or reasonable option.

  • Female-genital-mutilation
  • Internal-relocation
  • Well-founded-fear-of-persecution
  • Anonymity-order
  • Article-8-echr
  • Family-life
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Immigration-law

Avdi Alija v The Secretary of State for the Home Department

The Tribunal allowed Avdi Alija’s appeal, finding him stateless and holding that deportation would be disproportionate given Article 3 risk and very compelling circumstances.

  • Deportation-of-foreign-criminals
  • Statelessness
  • Article-3-echr-risk-on-return
  • Article-8-echr-proportionality
  • Roma-ethnicity-and-country-risk
  • Nationality-verification
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Immigration-law

AY v The Secretary of State for the Home Department

The Tribunal dismissed AY’s asylum, humanitarian protection and human rights appeal, finding he had not proved Eritrean nationality and therefore could not establish risk on return.

  • Nationality-assessment
  • Credibility
  • Refugee-convention
  • Humanitarian-protection
  • Article-2-echr
  • Article-3-echr
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Immigration-law

M. M. M. A v The Secretary of State for the Home Department

The appeal was dismissed. The Tribunal found no Convention reason, gave little weight to the Jordanian conviction documents, and held that protection and internal relocation were available.

  • Refugee-convention-reason
  • Credibility
  • Section-8-asylum-and-immigration-(treatment-of-claimants-etc)-act-2004
  • Internal-relocation
  • Sufficiency-of-protection
  • Humanitarian-protection
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Immigration-law

Nertil Collaku v The Entry Clearance Officer

The First-tier Tribunal allowed Nertil Collaku’s appeal against refusal of entry clearance, accepting his trafficking account and finding the immigration rules were met.

  • Entry-clearance
  • Article-8-echr
  • General-grounds-for-refusal
  • Suitability-requirements
  • Victim-of-trafficking
  • Credibility-assessment
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Immigration-law

SJ v The Secretary of State for the Home Department

The Tribunal dismissed SJ’s asylum, humanitarian protection and Article 8 appeal, finding he had not shown he was Gambian and was instead a citizen of Guinea.

  • Protection-claim
  • Nationality-dispute
  • Humanitarian-protection
  • Article-3-echr
  • Article-8-echr
  • Internal-relocation
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Immigration-law

HZ v The Secretary of State for the Home Department

The Tribunal allowed an Afghan protection appeal, finding Taliban adverse interest in the appellant’s family and accepting risk arising from his father’s government-linked construction work.

  • Refugee-convention-protection-claim
  • Humanitarian-protection
  • Article-3-echr
  • Anonymity-direction
  • Sufficiency-of-protection
  • Internal-relocation
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Immigration-law

Isabel Suescan Duarte v The Secretary of State for the Home Department

The Tribunal allowed Ms Suescan Duarte’s appeal on human rights grounds, finding no Article 3 medical claim, but holding that Article 8 was met because return to the US would create very significant reintegration obstacles.

  • Article-3-echr-medical-claim
  • Article-8-echr-private-and-family-life
  • Appendix-private-life
  • Very-significant-obstacles-to-integration
  • Fee-award
  • Article-8-ehcr
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Immigration-law

Sarbast Ibrahimi v The Secretary of State for the Home Department

Appeal against deportation dismissed. The Tribunal found no jurisdiction over protection/new-matter issues, no Exception 2 for the child, and no very compelling circumstances.

  • Deportation-of-foreign-criminals
  • Article-8-private-and-family-life
  • Article-3-medical-claim
  • Exception-1-and-exception-2-under-section-117c
  • Very-compelling-circumstances
  • Jurisdiction/new-matter
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.