- Cited — R3 v Secretary of State for the Home Department 2023-02-17
“…ment in support of the application to vary his grounds of appeal, A also relied on paragraph 104 of R (MS (India)) v Secretary of State for the Home Department [2017] EWCA Civ 1190; [2018] 1 WLR 1190.…”
- Cited — Mujahid, R (On the Application Of) v First Tier Tribunal (Immigration and Asylum Chamber) 2021-03-31
“…(or be refused entry, as the case may be). I respectfully adopt what was said by Underhill LJ (with whom Gloster and Simon LJJ agreed) in R (MS (India)) v SSHD [2017] EWCA Civ 1190 at [138]: “it is important to bear in mind that the withholding of ILR is not in itself an interference with Article 8 rights.”…”
- Considered — OA (Nigeria) v Secretary of State for the Home Department 2018-11-26
“…f this court, for example R (AM) v Secretary of State for theHome Department [2012] EWCA Civ 521 and KB (Sri Lanka) v Secretary of State forthe Home Department [2017] EWCA Civ 1190. These cases show that in considering issues of credibility a tribunal may be required to take a holistic approach to the evidence, including expert evidence. …”
- Cited — Secretary of State for the Home Department v G (Algeria) 2018-11-08
“…appealed against Collins J’s decision in both this case and MS2. The appeal in MS2 was allowed: see R (MS (India)) v Secretary of State for the Home Department [2017] EWCA Civ 1190, [2018] 1 WLR 389. The present appeal was stayed to await the outcome in MS2.…”
- Considered — Secretary of State for the Home Department v Ruhumuliza 2018-05-23
“…In R (MS (India)) v Secretary of State for the Home Department [2017] EWCA Civ 1190, [2018] 1 WLR 389, this Court considered the lawfulness and effect of a policy (the “Restricted Leave Policy”) first published by the Secretary of State in Sep…”
- Cited — Secretary of State for the Home Department v Ruhumuliza 2018-05-23
“…relevant policies adopted by the Secretary of State, which had been subject of this Court’s decision in MS (India) v Secretary of State for the Home Department [2017] EWCA Civ 1190; [2018] 1 WLR 389, in which the main judgment was given by Underhill LJ.…”
- Considered — Babar v The Secretary of State for the Home Department 2018-03-01
“… policies were considered in some detail by Underhill LJ, giving the judgment of the Court of Appeal in MS (India) v Secretary of State for the Home Department [2017] EWCA Civ 1190; [2018] 1 WLR 389 paras. 11-36. At the time of the hearing before the FTT the relevant policy was the 2015 Asylum Policy Instruction which came into effect on …”