Kola (FC) and another (FC) (Appellants) v Secretary of State for Work and Pensions (Respondent), (2007)

Extract

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Kola (FC) and another (FC) (Appellants) v Secretary of State for Work and Pensions (Respondent), (2007)

HOUSE OF LORDS

SESSION 2007-08

[2007] UKHL 54

on appeal from [2004] EWCA Civ 638

OPINIONS

OF THE LORDS OF APPEAL

FOR JUDGMENT IN THE CAUSE

Kola (FC) and another (FC) (Appellants) v Secretary of State for Work and Pensions (Respondent)

Appellate Committee

Lord Bingham of Cornhill

Lord Hope of Craighead

Baroness Hale of Richmond

Lord Carswell

Lord Brown of Eaton-under-Heywood

Counsel

Appellants:

Richard Drabble QC

Paul Draycott

(Instructed by CLC Solicitors)

Respondents:

Ashley Underwood QC

Julie Anderson

(Instructed by Department of Work and Pensions)

Hearing date:

22-23 OCTOBER 2007

ON

WEDNESDAY 28 NOVEMBER 2007

HOUSE OF LORDS

OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT

IN THE CAUSE

Kola (FC) and another (FC) (Appellants) v Secretary of State for Work and Pensions (Respondent)

[2007] UKHL 54

LORD BINGHAM OF CORNHILL

My Lords,

1.  I have had the advantage of reading in draft the opinion of my noble and learned friend Lord Brown of Eaton-under-Heywood, with which I am in complete agreement.

LORD HOPE OF CRAIGHEAD

My Lords,

2.  I have had the advantage of reading in draft the speech of my noble and learned friend Lord Brown of Eaton-under-Heywood. I agree that your Lordships are not constrained by the language of regulation 70 (3A) to say that asylum must be claimed immediately upon arrival at the port of entry if the asylum seeker is physically unable there and then to make contact with an immigration officer or has been dissuaded by his or her agent or courier from doing so. So long as the asylum seeker ...

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