Source: All England Reporter
Publisher Citation: [2006] All ER (D) 417 (Jul)
Court: Queen's Bench Division (Administrative Court)
Judge:

Burton J
Representation Philip Nathan (instructed by Sutovic & Hartigan) for the claimant.
  Alan Payne (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 27 July 2006

Catchwords

Immigration - Leave to enter - Deportation giving rise to interference with family life - Certification of claim - Delay by Secretary of State - Secretary of State certifying claim as manifestly unfounded - Whether exceptional circumstances by reference to delay and proportionality arguably existing.

The Case

In the light of the knowledge of the claimant and his wife that he was in the United Kingdom in deliberate breach of a deportation order, there were no exceptional circumstances that could give rise to an arguable case that the delay in the present case rendered the claimant's deportation and its interference with the claimant's rights under art8 of the European Convention on Human Rights disproportionate. Accordingly, the Secretary of State's decision to certify the claimant's claim under art8 of the Convention to remain in the country as manifestly unfounded would stand.

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