Source: All England Reporter
Publisher Citation: [2008] All ER (D) 93 (Jun)
Court: Queen's Bench Division, Administrative Court

Irwin J

Representation Cecile Hulse (instructed by Virgo Solicitors) for the claimant.
  Lisa Busch (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 9 June 2008


Immigration - Asylum seeker - Dependent parents - Secretary of State refusing claimant's husband's application for asylum which included claimant and their children - Claimant alleging subsequent application for asylum on her own right - Claimant applying for indefinite leave to remain pursuant to provisions permitting qualifying asylum seeking families indefinite leave to remain - Secretary of State refusing application on basis of failure to apply for asylum relevant date - Whether claimant applying before relevant date.

The Case

The claimant had satisfied the first criterion of the One-Off Family Exercise (the Exercise), in that she had applied for asylum before 2 October 2000, where a letter purporting to show that she had applied for asylum before 2 October 2000 was received by the Secretary of State, but was misfiled.

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