R (Anufrijeva) v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Asylum — Determination of claim — Applicant given limited leave to enter and receiving social security benefits — Asylum claim recorded as determined by refusal without applicant being notified — Secretary of State informing Department of Social Security that asylum claim recorded as determined — Benefits terminated and applicant notified later of termination — Whether applicant's entitlement to benefit determined — Whether claim to asylum determined in absence of notification to applicant — Income Support (General) Regulations 1987, reg 70(3A)(b)(i) (as inserted by Social Security (Persons from Abroad) Miscellaneous Amendments Regulations 1996, reg 8)

[2003] UKHL 36; [2004] 1 AC 604; [2003] 3 WLR 252; [2003] 3 All ER 827, HL(E)

Appellate History

R (Anufrijeva) v Secretary of State for the Home Department [2002] EWCA Civ 399, CA

Decision of the Court of Appeal reversed

R (Anufrijeva) v Secretary of State for the Home Department [2003] UKHL 36; [2004] 1 AC 604; [2003] 3 WLR 252; [2003] 3 All ER 827, HL(E)

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