England and Wales Case 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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SS v The Secretary of State for the Home Department

SS v The Secretary of State for the Home Department [2019] EWHC 1402 (Admin) (05 June 2019)

Judicial review of a refusal to treat further submissions as a fresh claim succeeded. The court held the CPIN did not justify departing from recent Iraq country guidance.

• Fresh claims under immigration rules paragraph 353
• Country guidance status
• Article 3 echr risk on return
• Unlawful detention
• Public law error and damages
• Fresh-claims

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