This week has started well, in addition to the grants of permission on the papers by the High Court in a couple of Article 8 judicial reviews, I was granted permission to apply for judicial review by LJ Longmore in a complex but sadly compelling Legacy Judicial Review, this result, as a direct access immigration barrister was enormously rewarding. What made the grant of permission so much more rewarding was that LJ Longmore stated that when he came into Court he was minded to refuse permission but had changed his mind following oral submissions. That he was persuaded to do so was no doubt assisted by the excellent preparation and work done by my solicitor, the excellent Shayela Khan of the equally excellent Barnes Harild and Dyer solicitors.
The case related to an Iranian. What made the case even more compelling is that the Claimant in this case has mental problems. The claim was lodged on the basis that the Secretary of State had failed to consider his case under the “Legacy Scheme”. Notwithstanding numerous representations the Secretary of State had refused to consider his case under the legacy scheme. At the oral permission hearing before Mr Straker QC the Secretary of State argued that he could just start again and resubmit the representations. I argued that this was pointless given that the Secretary of State had failed to consider the case over some 4 years and that in any event there was no requirement for an individual to make representations to have their case considered under the legacy scheme. The Judge following argument happily agreed with me and granted permission.
If you have a case which relates to the legacy scheme and wish to discuss it please feel free to email me and I will see if I can help.
Paul Turner is a highly regarded direct access immigration barrister practising from Mansfield Chambers, the Chambers of Michael Mansfield QC, 5 Chancery Lane, London, WC2A 1lG and is licensed by the Bar Council to provide advice and representation directly to the public.