As a direct access immigration barrister who has worked closely with clients in London and across England and Wales I am aware of those people who face having to either pay money for Judicial Review proceedings or have their life left in limbo. This case shows that fighting can have a positive effect.
The Secretary of State had certified what was a compelling refugee / article 3 case. One the pap had been rejected or ignored, I cannot remember which as this case has such a history, we lodged JR. This brought about two things, one a promise to make a decision within 3 months and secondly my client’s costs.
After 3 months no decision. I contacted the client and said in my view this was a compelling case and they should definitely send a further pap and go for a JR if necessary. The Secretary of State ignored the pap and the second JR was lodged. Within 2 weeks the Secretary of State has, yes you have guessed, agreed to make a decision and agreed to pay costs again.
This time if my client does not get a positive decision serious consideration of making an application to the Court for contempt will be made.
This case goes to show, do not give up and fight on. The next case I am to write on will show the benefit of not just simply waiting.
Paul Turner is an experienced and highly regard direct access immigration barrister who is the head of Imperium Chambers , 32 Beford Row, London, WC1R 4HE, 07432 101 211 or 0207 242 3488 and a member of the chambers of Goldsmith Chambers, the Temple the chambers of Tony Metzer QC and who can be contacted 7 days a week for assistance.