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MA (Afghanistan) v Secretary of State for the Home Department

The contribution an asylum seeker made to life in the UK was not something that had a bearing on his right to a private life, even though private life included the right to conduct activities such as working.

13 October 2006

The appellant asylum seeker (M) appealed against a decision of the Immigration Appeal Tribunal allowing the respondent secretary of state’s appeal from the determination of an adjudicator allowing M’s appeal against the refusal of asylum. M, a national of Afghanistan, had arrived in the UK and claimed asylum and humanitarian protection. His application was refused and in due course he appealed to an adjudicator on the ground that it would be contrary to his right to a private life, pursuant to Art 8 of the European Convention on Human Rights 1950, to return him to Afghanistan. M submitted that his work as a Dari interpreter in the North East of England made a crucial contribution to various agencies of the National Health Service, who were anxious to retain him, and that that work was an integral and essential part of his private life. The adjudicator, having considered the public utility of M’s work and his value to the community, found that it was in the wider public interes...

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