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24 June 2010
Issue: 7423 / Categories: Case law , Law reports
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Immigration—Asylum—Removal

MS (Palestinian Territories) v Secretary of State for the Home Department [2010] UKSC 25, [2010] All ER (D) 116 (Jun)

Lord Saville, Lady Hale, Lord Mance, Lord Collins and Sir John Dyson SCJ, 16 June 2010

There is no right of appeal against an immigration decision under s 82(2)(h) of the Nationality, Immigration and Asylum Act on the ground that the country or territory stated in the notice of the decision is not one that would satisfy the requirements of para 8(1)(c) of Sch 2 to the Immigration Act 1971 (IA 1971).

Stephen Knafler QC and Duran Seddon (instructed by Refugee and Migrant Justice) for the appellant. Tim Eicke and John-Paul Waite (instructed by the Treasury Solicitor) for the respondent.

The appellant was born in Gaza in 1985. He arrived in the UK in April 2007. Thereafter he claimed asylum and protection under the European Convention on Human Rights (the Convention). His claims were rejected and he was served with a notice to remove him from the UK.

The notice stated that if he did not appeal successfully or leave voluntarily, directions would be given

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