Source: All England Reporter
Publisher Citation: [2015] All ER (D) 150 (May)
Neutral Citation: [2015] EWHC 879 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

HHJ Anthony Thornton QC

Representation Parosha Chandran and Priya Solanki (instructed by Garth Coates Solicitors) for the claimants.
  William Hansen and John McKendrick (instructed by the Government Legal Department) for the Secretary of State
Judgment Dates: 29 April 2015

Catchwords

Immigration - Leave to remain - Delay - Claimants seeking judicial review of defendant Secretary of State's nine-year delay in determining applications for settlement and indefinite leave to remain - Claimants challenging subsequent decisions - Whether delay in determining applications being significant - Whether first claimant's claims could continue after death - Whether defendant erring in considering second and third claimants' spent convictions - Whether defendant breaching claimants' human rights - European Convention on Human Rights.

The Case

Immigration Leave to remain. The claimants sought judicial review of the defendant Secretary of State's failure to decide their applications for settlement and indefinite leave to remain for nine years. They subsequently challenged her decisions on their applications. The Administrative Court held that the Secretary of State's delay had given rise to substantial breaches of her obligation to respect each claimant's private and family life for which they were entitled to substantial damages. Further, she had erred in considering the second and third claimants' spent convictions in determining their applications. The first claimant having died before judgment, permission was granted for an order to carry on his claims.

Practice Areas

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