Publisher Citation: [2002] All ER (D) 179 (Jan)
Court: Administrative Court

Newman J

Representation Simon Cox (instructed by Van-Arkadie & Co) for the claimant.
  Robin Tam (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 24 January 2002


Immigration - Asylum - Appeals - Claimants contending removal from UK violating Convention Rights - Secretary of State refusing to accept claimants' representations - Secretary of State setting removal directions - Whether removal directions can give rise to a right of appeal on human rights grounds - .

The Case

Having regard to the word 'relating to' in s65(1) of the 1999 Act, which indicated that the right of appeal had to extend beyond a decision determinative of entitlement, the issue of removal directions was a decision relating to a person's entitlement to enter or remain in the United Kingdom and as such, if a person in receipt of such a notice might allege that the authority had, in taking that decision, breached his human rights he had a right of appeal against that decision under s65.

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