At the time when her asylum application was heard, there was also outstanding an application for contact with her children. The applicant said that to decide to order her removal before that decision would violate her article 8 rights. The respondent argued that it had undertaken not to give any removal directions before that hearing.
Held: The tribunal should have decided on the facts as they were whether a removal would interfere with her rights. It did not have the power to accept an undertaking from the respondent. The tribunal could have granted discretionary leave to remain for a short period.
Judges:
The Lord Chief Justice of England & Wales Lord Justice Thomas Lord Justice Scott Baker
Citations:
[2007] EWCA Civ 133, Times 27-Mar-2007
Links:
Jurisdiction:
England and Wales
Immigration, Human Rights
Updated: 01 November 2022; Ref: scu.249911
