Source: All England Reporter
Publisher Citation: [2010] All ER (D) 82 (May)
Court: Queen's Bench Division, Administrative Court (London)

Robin Purchas QC sitting as a deputy judge of the High Court (Judgment delivered extempore)

Representation Patricia Glass (instructed by KC Law Chambers Solicitors) for the claimant.
  Alan Payne (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 11 May 2010


Immigration - Leave to enter - Entry clearance for work reasons - Delay in determination of entry clearance application following favourable Asylum and Immigration Tribunal decision - Claimant Nigerian obtaining entry clearance some time after tribunal decision that her work agreement in United Kingdom being genuine - Dispute as to length of delay and whether damages should be awarded in consequence thereof - Claimant applying for judicial review - Whether judicial review appropriate remedy where alternative complaints procedure available - Whether damages should be awarded to claimant on account of delay - s 8, Sch 1, Pt I, arts 3, 6, 8.

The Case

Immigration Leave to enter. The Administrative Court held that the claimant was not to be awarded damages for the failure by the Secretary of State to deal with her entry clearance application (in a timely manner) following a decision by the Asylum and Immigration Tribunal in her favour. The Court found that the delay in the instant case was in the order of one month. The Court also held that the claimant should have had explored her options under the alternative complaints procedure before making submissions in the instant court.

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