You are here

Yusuf v Secretary of State for the Home Department

The Immigration Appeal Tribunal had correctly decided that where there was uncertainty as to the nationality of an asylum seeker, any decisions capable of affecting his human rights, such as the issue of which country he would be returned to, would only be relevant to an appeal against a refusal of leave to enter under the Immigration and Asylum Act 1999, s 69(1) where the asylum seeker had satisfied the authorities that he was a refugee. Consequently, where refugee status had not been established, no question arose as to whether removal to a specified country would result in a breach of human rights so as to entitle the asylum seeker to appeal under s 65(1).

27 January 2006

Y appealed against directions for his removal to Somalia given by the Secretary of State following a decision to refuse asylum. Y had claimed asylum on arrival in the UK from Nairobi on the basis that he was a Somali national and a member of a tribe that had been subject to persecution. The Secretary of State refused his claim for asylum on the basis that Y was not a Somali. The secretary of state notified Y of his decision by letter stating that directions for Y’s removal to Somalia would be given solely in order to enable Y to appeal to an adjudicator. Y was subsequently served with a formal notice of the decision that referred to removal directions that had either been “given” or were “proposed” and identified Y’s right to appeal pursuant to the Immigration and Asylum Act 1999, s 69(1). Y’s appeal to the adjudicator under s 65 and s 69 was dismissed. The adjudicator concluded that substantial grounds had not existed for believing Y’s evidence with regard to any hu...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.