The applicants had all been involved in hijacking an aircraft to escape the Taleban in Afghanistan. Their convictions had been quashed on their plea of duress. Immigration adjudicators had decided that they should be allowed to stay temporarily in the UK on a six monthy reviewable basis, on human rights grounds. They now appealed orders by the respondent that leave should not be granted to remain.
Held: The appeals succeeded. The respondent had for 17 months deliberately sought to evade the court order, and would be subject to an order for costs on an indemnity basis for that reason alone. ‘The secretary of state’s conduct was inexcusable. All the efforts of the claimants’ solicitors to obtain an explanation for the delay were met with a deliberate wall of silence. As a public authority, the Home Secretary had a duty to cooperate and to make candid disclosure. Instead there were no detailed grounds, no evidence and further delay. The entirety of the secretary of state’s conduct of this case deserved the strongest possible mark of the court’s disapproval.’
Judges:
Sullivan J
Citations:
Times 14-Jun-2006
Jurisdiction:
England and Wales
Immigration
Updated: 10 May 2022; Ref: scu.242885
