Source: All England Reporter
Publisher Citation: [2002] All ER (D) 281 (Apr)
Court: Court of Appeal, Civil Division
Judge:

Aldous and Rix LJJ

Representation Renée Calder (instructed by Herbert J Sachs) for the claimant.
  Tim Eicke (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 29 April 2002

Catchwords

Immigration - Illegal entrant - Entry in breach of immigration law - Claimant granted entry clearance on basis of dependence on father resident in United Kingdom - Claimant in fact married at time of entry to United Kingdom and not dependent on father - Claimant failing to notify change of circumstances - Secretary of State declaring claimant an illegal entrant and giving notice of removal - Claimant seeking judicial review of decision - Claimant amending main ground of judicial review application - Judge dismissing claimant's application on basis of inexcusable delay and need for good administration - Whether judge in error - s 26(1)(c) - .

The Case

In the instant case, the judge had been entitled to dismiss the claimant's application for judicial review of the decision to remove her as an illegal entrant to the United Kingdom on the basis that the claimant had failed to give any good reason for the delay in advancing her application on the relevant ground that she was not an illegal entrant and that to extend time to allow consideration of that submission would have been contrary to good administration.

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