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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Shire v Secretary of State for Work and Pensions [2003] EWCA Civ 1465 (13 October 2003) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2003/1465.html Cite as: [2003] EWCA Civ 1465 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE SOCIAL SECURITY COMMISSIONERS
The Strand London |
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B e f o r e :
(The Lord Woolf of Barnes)
LORD JUSTICE CHADWICK
and
LORD JUSTICE BUXTON
____________________
AMINA JAMA SHIRE | ||
Appellant/Claimant | ||
and | ||
SECRETARY OF STATE FOR WORK AND PENSIONS | ||
Respondent/Defendant |
____________________
Smith Bernal, 190 Fleet Street, London EC4A 2HD
Telephone 020 7421 4040
Official Shorthand Writers to the Court)
MR T WARD (instructed by the Office of the Solicitor to the Department for Works and Pensions) appeared on behalf of THE DEFENDANT
____________________
Crown Copyright ©
THE LORD CHIEF JUSTICE:
The Procedural Point
The Merits
"For the purpose of this paragraph, a person --
(a) is an asylum seeker when he submits on his arrival [my emphasis] (other then on his re-entry) in the United Kingdom from the country outside the Common Travel Area a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom's obligations under the Convention for him to be removed from, or required to leave, the United Kingdom and that the claim is recorded by the Secretary of State as having been made;..."
The Convention referred to in that regulation is the Geneva Convention relating to the status of refugees.