R (BA (Nigeria) and another) v Secretary of State for the Home Department - JustCite

Title

The title of the Act or Statutory Instrument. Show example

Reference

The number of the Act or Statutory Instrument. Show example

Year to

The year in which the legislation was published in print. Show example

Repealed

All In Force Repealed

Restrict your search to legislation that is either in force or repealed.

This field is only compatible with UK primary legislation.
Using this field will exclude all other legislation from your results.

Commencement

All Commenced Part Prospective Prospective

Restrict your search to legislation that Commenced, Part Prospective or Prospective

This field is only compatible with UK primary legislation from 2001 - present.
Using this field will exclude all other legislation from your results.

Name

The name of the barrister. Show example

Status

No Preference QC Only Junior Only

Restrict your search to a barrister that is either a QC or is not a QC.

Areas of Practice

The areas of practice of the barrister. Show example

Year of Call to

The year called to the Bar. Show example

Region

The address of the barrister's chambers. Show example

Languages

Languages the barrister can speak. Show example

Access & Fees

Licensed Access Accepted Conditional Fees Accepted

Restrict your search to barristers that accept conditional fees or licensed access.

Searching:

Acts
SIs
Civil Procedure Rules
Bills before Parliament

Searching:

Official Journal C
OJC Documents (in CELEX)
EU Cases
EU Legislation
EU Treaties
EU Proposals
EU Nat. Implementation
EU Parl. Questions
EFTA Documents
EU External Agreements
OJ Daily
Human Rights Conventions

Searching:

HERMES
Times
EU News and Commentaries
CUP Journals
Bills before Parliament
Other Articles
PLC
OUP Journals
Blackwell Journals
RMIT Journals
Court Forms

R (BA (Nigeria) and another) v Secretary of State for the Home Department

To see all the information available for this document you will need to Sign In.

Justis Editorial on 30 August 2011

Appeal against rejection of asylum claim to be processed within UK

The Supreme Court handed down judgment in the case of R (BA (Nigeria) and another) v Secretary of State for the Home Department [2009] UKSC 7 on 26th November 2009. The Secretary of State sought to appeal the decision of the Court of Appeal that the respondents could make a further challenge, whilst “in-country,” to their proposed removal from the UK.

The Supreme Court discussed the relevant provisions of the Nationality, Immigration and Asylum Act 2002 c. 41, in particular section 92, and the case of R v Secretary of State for the Home Department, ex parte Onibiyo [1996] QB 768. Declining to follow the earlier authority of Onibiyo, the Supreme Court stated that unless a claim had been certified as unfounded or otherwise excluded under the 2002 Act, the claim was not required to have been certified as a fresh claim to be heard “in-country.” Having decided thus, the Supreme Court dismissed the appeals in a majority judgment.

database/2012-05-17T21:58:05.6320627Z/6628120

JustCite is a legal search engine and citator that shows you how cases, legislation and other legal materials cite and relate to each other.