The applicant sought asylum. The respondent delayed dealing with the application and her permit expired. She was to be returned to Nigeria from where she would have to apply again.
Held: Where because of the delay, her renewed application would be granted on the basis that to refuse it would interfere with her human rights to family life, it was not proportionate to have to return first to Nigeria to renew the application. A rigid policy of temporary exclusions was innecessary to maintain confidence in the system of immigration control. Carnwath LJ spoke of the effect of delay: ‘Once it is accepted that unreasonable delay on the part of the Secretary of State is capable of being a relevant factor, then the weight to be given to it in the particular case was a matter for the tribunal’
Judges:
Carnwath, Chadwick, Rix LJJ
Citations:
Times 23-Sep-2005, [2005] EWCA Civ 947, [2005] INLR 575
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – EB (Kosovo) v Secretary of State for the Home Department HL 25-Jun-2008
The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return.
Held: The adjudicator had failed to address the effect of delay. That was a relevant . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 01 July 2022; Ref: scu.229029