Source: All England Reporter
Publisher Citation: [2007] All ER (D) 412 (Oct)
Court: Queen's Bench Division, Administrative Court
Judge:

Davis J
Representation David Medhurst (instructed by J Bon Solicitors) for the claimant.
  Alan Payne (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 26 October 2007

Catchwords

Immigration - Asylum seeker - Appeal - Further representations upon dismissal of appeal - Family life - Claimant beginning to co-habit with another citizen of Sierra Leone - Each aware of precarious immigration status of other - Whether interference with family life - Whether further representations having realistic prospect of success so as to amount to fresh claim - Immigration Rules, r 353 - European Convention on Human Rights, art 8.

The Case

Immigration - Asylum seeker. Where the Secretary of State had refused to accept further representations from the claimant as a fresh claim under r353 of the Immigration Rules that she should be permitted to remain on the basis that she was co-habiting with A and her removal would violate her rights under art8 of the European Convention on Human Rights, it was crucial that, at the time their relationship started, the immigration status of the claimant and A was precarious and known by each to be such. Although A had been granted discretionary leave to remain, the claimant could not hide behind that success. Accordingly, the Secretary of State's decision would stand.

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