The claimant, a Cameroon national, sought to challenge the refusal of indefinite leave to remain. He had served in the British Army in Iraq, and lived here for over ten years. However when serving he had been convicted of a minor sexual assault in 2005.
Held: The request for judicial review was granted. His first application had been mishandled, a refusal being made for his failure to supply documents he could not obtain. The second application was refused on the different basis of the offence. It was important when considering refusal based on an offending history for the officer properly to consider the nature of the offence and of the surrounding circumstances. Where as here, the offence was at the lowest end of criminality particular care was needed.
Foskett J
[2010] EWHC 2218 (Admin), [2010] WLR (D) 239
Bailii, WLRD
Immigration Rules
England and Wales
Citing:
Cited – Secretary of State for The Home Department v Pankina CA 23-Jun-2010
Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for . .
Cited – Steven O Omojudi v United Kingdom ECHR 24-Nov-2009
The claimant had been convicted of a sex offence and ordered to be deported after his release from prison. He had lived in the UK for 26 years and had a family.
Held: The deportation order was disproportionate. The measures complained of . .
Cited – SL (Vietnam) v Secretary of State for The Home Department CA 11-Mar-2010
. .
Cited – Daley-Murdock, Regina (on The Application of) v Secretary of State for The Home Department Admn 23-Jun-2010
. .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights, Armed Forces
Updated: 09 November 2021; Ref: scu.421891