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Immigration Law Cases

Are you looking for immigration law cases for your essays? We provide a summary of the most popular immigration law cases on this page:

R. V. Secretary of State for the Home Department EX P Khawaja (1984) AC 74

Immigration law: Illegal immigrant

An illegal immigrant is someone who entered the United Kingdom by means of fraud and deception and it is the duty of the court to determine whether the immigration office’s belief that an immigrant is illegal is sufficient.

This case involves a person who was granted an entry upon interview. It subsequently emerged that she gave false accounts to the officer. She was detained

The court held that entering into the UK by deceit classifies as an illegal immigrate. Also, where a person claims wrongful detention as illegal entrant, the court has to enquire into the immigration officer’s evidence to justify such detention.

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Chen V. Secretary of State for the Home Department (2005) QB 325

Immigration law: Migration of the European Union State citizen within EU country

A European Union citizen has a right of free movement within any country in the European Union and there is no minimum age requirement to exercise such right.

A child born to Chinese mother in Ireland obtained Irish citizenship and lived together with her mother in the United Kingdom. The mother subsequently sought for a long term residence in the United Kingdom for the child and herself as principal carer. The application was refused because as a child, she was unable to exercise her rights of movement under the Council Directive 90/364 Art 18 (1) as such has no right to reside in the UK.

The European Court held that the applicants have right to live in the UK as there is no minimum age requirement to exercise the directive, it is irrelevant whether the child is exercising the right or not.

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R V. Secretary of State for the Home Department Ex P Naheed Ejaz (1994) 2 WLR 534

Immigration law: Revocation of citizenship

British citizenship can only be withdrawn by the Secretary of State by procedure laid down by Section 40 (1) of the British Nationality Act 1981.

A woman married a British passport holder and was granted naturalisation on this basis and British passport. It was subsequently discovered that the husband has been fraudulent in possession of the passport, sought to cancel the wife’s passport as a nullity and held her as an illegal entrant.

The court held that the Secretary of State action was unlawful because deprivation of British nationality is governed by section 40 of the Act.

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Secretary of State V. Rehman [2003] 1 AC 153

Immigration law: Terrorism

In determining whether a person is a treat to nation security a global approach should be adopted to consider whether a person is a treat to national security.

The Appellant who was investigated for acts of terrorism appealed against the decision of the Court of Appeal that conduct of the appellant outside that UK could be investigated to determine whether deportation was ‘conducive to public good’.

The House of Lords held that threats to national security also means threats against other states and not limited to direct threat to the UK. For the protection of national security the Secretary of State is entitled to determine real possibility to national security and this does not have to be proved against.

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