As readers of this site will realise the last update was in relation to the appeal to the Supreme Court as against the decision of the Court of Appeal in RN (previous Navaratnam) and which did not succeed, much to the upset of this direct access immigration barrister and the team at Barnes Harild and Dyer who had worked so hard in advancing his case.
The Court of Appeal dismissed the appeal on the basis that the Secretary of State was not obliged to grant the Claimant any form of leave having succeeded before the ECHR way back in 2008. Indeed a matter of days before the substantive hearing in 2012 the Secretary of State served a new immigration decision on the basis that the situation had now changed. This appeared to me and indeed Hugh Southey QC and the team at BHD to be an abuse. An appeal was lodged. It was stayed pending the outcome of the judicial review and the appeal to the Court of Appeal.
Once the Supreme Court refused permission it was back to the First Tier Tribunal where we continued with the case. I am happy to say that the FTT allowed his appeal back in June on both refugee and asylum grounds. Whereas much was made by the Secretary of State in the Admin Court and Court of Appeal of his criminality this was not a concern in the FTT. Of greater importance is that the Secretary of State did not appeal the decision.
The consequence of this means that the Secretary of State has in effect dragged the Appellant through an appeal process that lasted since the late 1990s until present. It is a great pity that the Secretary of State fought the judicial review claim and appeal with the vigour she did given that the subsequent decision was in itself unsustainable.
I hope that this is truly the end of this matter and that the Appellant can now get on with his life. Hopefully the Secretary of State will honour her international obligations and grant him the visa to which he is entitled.
Paul Turner is a highly regarded direct access immigration barrister and is the head of Imperium Chambers, Grays Inn Buildings, Grays Inn, he also practises from Mansfield Chambers, the Chambers of Michael Mansfield QC, 5 Chancery Lane, London, WC2A 1LG and a door tenant at 39 Park Square Leeds LS1 2NU and is licensed by the Bar Council to provide advice and representation directly to the public.