SUCCESS CASES
OUR COMPANY’S FAMOUS CASES IN THE HIGH COURT OF JUSTICE, COURT OF APPEAL AND THE SUPREME COURT
The Queen on the application of Al Amri v Secretary of State for the Home Secretary 2008
Summary: This was a case involving an asylum seeker from Yemen who participated in the Yemeni civil war of 2004. He was one of the high ranking military officers fighting for the south Yemeni army against the north Yemeni army. When South Yemen was defeated, Mr Al Amri and other high ranking military officers fled the country and remained in exile in United Arab Emirates.
In 2007 he claimed asylum the claim was refused in the UK and Mr Al Amri challenged the decision of the secretary of State all the way in the High Court and successfully won.
Full Judgement: http://www.refworld.org/docid/48f5aeff2.html
R (on the application of Zymeraj) v Secretary of State for the Home Department 2009
Summary: This was a case involving an asylum seeker from Kosovo and Montenegro who was refused asylum by the UK government. He challenged the decision in the High Court on the basis that the secretary of state had acted irrationally in refusing him asylum in the UK. Although Mr Zymeraj lost his legal challenge in the High Court, he was nevertheless granted Indefinite Leave to remain in the UK by the secretary of state later.
Lexis Library – http://lexisweb.co.uk/cases/2009/july/r-on-the-application-of-zymeraj-v-secretary-of-state-for-the-home-department
R. (on the application of Umar) v Secretary of State for Communities and Local Government 2009EWHC 1770 (admin)
Summary: This was a case involving a local mosque in Sheffield where Sheffield City Council had refused to grant planning permission for a reconstruction of the mosque. The mosque decided to challenge this decision at the High Court. Although the High Court gave its verdict in favour of Sheffield City Council, it never the less recommended that the mosque should make a fresh application to Sheffield City Council which should then be favourably viewed by the council. However, a few months after the decision of the High Court, Masjid Umar was successful in purchasing another site nearby where it had to further issue with Sheffield City Council in respect of planning permission.
Media Coverage: http://www.thestar.co.uk/what-s-on/out-about/mosque-inquiry-over-extension-1-275594
ZT (Kosovo) v Secretary of State for the Home Department [2009]
Summary: This was a case involving a family of Roma gypsies from Kosovo who were persecuted by the majority of people living in their country. They fled Kosovo and came to the UK to seek international protection. However, the secretary of state for the home department refused their asylum claim and had also certified it as clearly a claim without foundation. What the secretary of state was saying here is that this family had no basis whatsoever to claim asylum in the UK. At the time also the Secretary of State had used section 94 of the Asylum and Immigration 1999 to say that there are no rights of appeal attached either and that the family cannot make a fresh claim based on fresh evidence. This is how the Secretary of State had acted for any case in which he believed were no basis for claiming asylum in the UK. However, Mr Zenel Thaqi and his family here were clearly aggrieved by the existing state of law in the UK and instructed Riaz Khan & Co to challenge the law and the secretary of state. The case went all the way to the House of Lords (now called the Supreme Court) and the House of Lords held that the Secretary of State had acted unlawfully in refusing to accept fresh asylum claims based on fresh evidence. After this case the law of the land changed and the secretary of state had allowed failed asylum seekers to make fresh asylum case based on fresh application.
Full judgement: http://www.bailii.org/uk/cases/UKHL/2009/6.html
R (Ghai v Newcastle City Council & Others) [2010]
Summary: We acted for the Sikh Community who were the members of Ramghavia Gudwara Hitchen and intervened on their behalf in the above case. This was a case involving a terminally ill man from the Hindu community living in Newcastle by the name of Davinder Ghai. In his will he expressed a wish to be cremated after his death in an open cremation field like the kind they have in India where he originated from. He applied for planning permission from his local council which was refused. He then challenged that decision in the High Court who upheld the refusal decision. However, Mr Ghai appealed to the court of appeal where he won the right to be cremated after his death according to his wishes. The Secretary of State being unhappy about the decision of the Court of Appeal unsuccessfully appealed to the Supreme Court.
Full judgement: http://www.bailii.org/ew/cases/EWCA/Civ/2010/59.html
Case facts: http://www.1cor.com/1315/?form_1155.replyids=1206
R (on the application of Quila and another) (FC) (Respondents) v Secretary of State for the Home Department (Appellant) 2011
Summary: We represented Sheffield Community Action Group and intervened in the above case in the Supreme Court, this subsequently lowered the age of overseas spouses from 21 years to 18 years in respect of Entry Clearance applications to the UK. Spouses now do not have to wait until they are 21 in order to come to the UK.
Full judgement: http://www.bailii.org/uk/cases/UKSC/2011/45.html
Case facts: http://www.familylawweek.co.uk/site.aspx?i=ed87312