The applicant had entered the UK as a visitor in 1986 but overstayed until 2004. Proceedings for his removal were begun. The claimant said that delay in such proceedings were prejudicial.
Held: The delay of nearly three years in dealing with the application for indefinite leave was undue and produced conspicuous unfairness, in that if it had been processed properly he would have been able to apply under an extra statutory concession which was now unavailable. The appeal was allowed and the case remitted to the AIT for reconsideration.
Maurice Kay LJ
[2009] EWCA Civ 385, Times 18-May-2009
Bailii
England and Wales
Immigration, Administrative
Updated: 01 November 2021; Ref: scu.343054