- Cited — Qasim Ali Raza v Secretary of State for the Home Department 2023-01-18
“…002 Act. The FtT was bound by law to give effect to Parliament’s assessment of the public interest (NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239. It was unnecessary to refer to any provisions of the Immigration Rules (HC 395 as amended).…”
- Cited — Arjan Gosturani v Secretary of State for the Home Department 2022-06-09
“…v 662, [2017] 1 WLR 207, CI (Nigeria) v Secretary of State for the Home Department [2019] EWCA Civ 2027, NE-A (Nigeria) v Secretary of State for the Department [2017] EWCA Civ 239, and decisions of the European Court of Human Rights (“the European Court”), notably the decision in Unane v United Kingdom (2021) 72 EHRR 24 which summarises …”
- Cited — Abidoye, R (on the application of) v The Secretary of State for the Home Department 2020-10-30
“…lly endorsed by Sir Stephen Richards (with whom the other members of the Court of Appeal agreed) in NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239.…”
- Cited — HA (Iraq) v Secretary of State for the Home Department (Rev 1) 2020-09-04
“…Department [2017] EWCA Civ 239 this Court confirmed that the obligation to “have regard to” sections 117B and (where applicable) section 117C meant that the statutory scheme constitutes a “c…”
- Disapproved — LE (St Vincent And the Grenadines) v The Secretary of State for the Home Department 2020-04-07
“…goes beyond section 117C, that approach was disapproved in the subsequent decision of this Court in NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239, where Sir Stephen Richards said at [14]-[15]:…”
- Cited — CI (Nigeria) v The Secretary of State for the Home Department 2019-11-22
“…imilar terms to section 117C(3)-(6) of the 2002 Act. However, as the Court of Appeal pointed out in NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239, para 14, although the Immigration Rules are relevant because they reflect the responsible minister’s assessment, endorsed by Parliament, of the general public…”
- Cited — MA (Pakistan) v Secretary of State for the Home Department 2019-07-18
“…Immigration Rules before July 2014, when they were amended and Part 5 of the NIAA was enacted to give statutory authority to the new scheme, see N-EA (Nigeria) [2017] EWCA Civ 239 at [14]-[16], which was referred to by the FtT (at §71). This ground adds nothing to the argument.…”
- Followed — Secretary of State for the Home Department v JG (Jamaica) 2019-06-12
“…) and sections 117B and 117C. Rhuppiah was itself a case under section 117B, but it was followed in NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239, which concerned section 117C. The effect of both decisions is that Part 5A formally changes the position as it was prior to its enactment in that it requires …”