| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 157 (Jul) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Lord Phillips of Worth Matravers MR, Buxton and Scott Baker LJJ |
| Representation | Rick Scannell (instructed by Birnberg Peirce & Partners) for the claimant. |
| Elisabeth Laing (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 13 July 2005 |
Catchwords
Immigration - Leave to enter - Refugee - Asylum - Deportation back to third country - Suspension of deportation - Claimant marrying British citizen during period of suspension - Suspension lifted - Secretary of State refusing application for leave to remain on basis removal contravention of right to family life - Immigration Appeal Tribunal deciding convention claim to be decided on basis situation in Kosovo improved by date of marriage - Whether decision of tribunal correct.
The Case
The Immigration Appeal Tribunal had not erred in law in taking into account the situation in Kosovo at the time of the claimant's marriage, which was some years after he had initially sought asylum.
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