- Cited — THE KING on the application of MH (ERITREA) v SECRETARY OF STATE FOR THE HOME DEPARTMENT 2022-10-10
“…cases in which a certificate made on safe third country grounds has been withdrawn. The leading case is R (Tesfay) v Secretary of State for the Home Department [2016] EWCA Civ 415; [2016] 1 WLR 4853. In Tesfay, the Secretary of State had settled the claims of two different groups of claimants, and resisted their applications for costs. T…”
- Cited — Mostafa Shahi v Secretary of State for the Home Department 2021-11-16
“…evant, considerations. He drew our attention, among other authorities, to the decision of this Court in R (Tesfay) v Secretary of State for the Home Department [2016] EWCA Civ 415; [2006] 1 WLR 4853, at paragraphs 13-14, per Lloyd Jones LJ (as he then was).…”
- Cited — RS, R (On the Application Of) v London Borough of Brent 2020-12-18
“…urt does not in public law proceedings usually determine the ultimate merits of a dispute over a decision taken by a public body. In R(Tesfay) v Home Secretary [2016] EWCA Civ 415 at paragraph [57], the same point was made about the need to look at the real substance in public law proceedings to determine who had won. A court should cons…”
- Cited — Spahiu, R (on the application of) v The Secretary of State for the Home Department 2018-11-28
“…iew proceedings should not be used for the purposes of a rolling review: see (amongst others) R (Tesfay) & Ors v The Secretary of State for the Home Department [2016] EWCA Civ 415; [2016] 1 WLR 4853; and R (Ahmed) v The Secretary of State for the Home Department [2017] EWCA Civ 118.…”
- Cited — ZN (Afghanistan) & Anor v Secretary of State for the Home Department 2018-05-11
“… her certification of human rights claims, was the primary focus of this Court in R (on the application of Tesfay) v Secretary of State for the Home Department [2016] EWCA Civ 415; [2016] 1 WLR 4853.…”
- Cited — Ararso v The Secretary of State for the Home Department 2018-04-24
“…as placed on authorities such as M v Croydon Borough Council [2012] EWCA Civ 2607, [2012] 1WLR 2607 and R (Tesfay) v Secretary of State for the Home Department [2016] EWCA Civ 415, [2016] 1 WLR 4853.…”
- Cited — Nwankwo & Anor v Secretary of State for the Home Department 2018-01-12
“…eared on behalf of the Second Applicant, relies in particular on the decision of this Court in R (Tesfay & Others) v Secretary of State for the Home Department [2016] EWCA Civ 415; [2016] 1 WLR 4863. In that case the main judgment was given by Lloyd Jones LJ (as he then was). At paras. 67-68 he said:…”