The applicant was a Serb from Croatia whose application for asylum was refused. On appeal to an adjudicator he also raised human rights issues but his appeal was dismissed. He later applied again for leave to remain on the basis of his relationship with a woman (invoking Article 8 of the European Convention) and by reference to material which he said showed that he would face difficulties obtaining housing if he were returned. The fresh application was rejected, and a certificate was issued pursuant to section 73(8), which was challenged in proceedings for judicial review.
Held: Considering the situation which had to exist to enable the Secretary of State to issue a certificate: ‘It is not enough for a conclusion to be reached that the purpose was delay, because of course a good claim can delay removal from the United Kingdom . . And so it could be said of almost any claim, good or bad, that one of the purposes for making the application is to delay removal. What is necessary to justify the Secretary of State’s certification is that in his opinion the appellant had no other legitimate purpose for making the application . . The question is whether the Secretary of State was entitled to be satisfied that in his opinion the appellant had no such legitimate purpose for making the application. . . What that means is that the Secretary of State must be shown reasonably to have been satisfied that in his opinion the appellant had no legitimate purpose because the case put forward is so hopeless that it was not properly arguable.’
Judges:
Burton J
Citations:
[2002] EWHC 1636 (Admin)
Statutes:
Immigration and Asylum Act 1999 73(8)
Jurisdiction:
England and Wales
Cited by:
Cited – Sandhu, Regina (on the Application Of) v Secretary of State for the Home Department Admn 16-Sep-2003
The claimant challenged the refusal of a right to appeal against the decision refusing hs asylum appeal. He had failed to attend two hearings. The respondent gave his certificate under section 73 that in his opinion the only purpose of the appeal . .
Disapproved – Balamurali, Regina (on the Application Of) v Secretary of State for the Home Department Admn 9-May-2003
. .
Cited – Balamurali, Sandhu v Secretary of State for the Home Department CA 15-Dec-2003
The applicants challenged certificates from the respondent that their appeals were mere delaying tactice.
Held: The section aimed to grant specific rights of appeal, to ensure that all possible appeal issues were decided, and to prevent abuse. . .
Approved – Soylemez, Regina (on the Application Of) v Secretary of State for the Home Department Admn 15-Apr-2003
. .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 15 July 2022; Ref: scu.186453