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I had an unusual experience recently with regard to the recent charter flight. There have been some problems with my internet which has lead to this post being made late. In my many years of working as an immigration barrister, both prior to working as a direct access immigration barrister and since the direct access scheme started, I have rarely come across a case where the Secretary of State has acknowledged responsibility for removing someone illegally let alone arranged for them to be brought back. But this strange event occurred. The background to this story was that the client had married well before the enforcement action his EU wife but had failed to make an EEA 2 application. He was detained at his home at which point his solicitors submitted an EEA 2 application. Despite several pre action letters the SSHD refused to cancel the rds. I was instructed to make an application for an injunction and phoned the out of hours duty Judge. The clerk took all my details and contacted the UKBA. The UKBA informed her that his removal directions were cancelled. The solicitor phoned the wonderfully named “Command and Control Unit” who confirmed he was off the flight. This was around 2130.

The next communication was from the client. From Islamabad.

The SSHD at first resisted the request to bring him back. However when threatened with an urgent application to the High Court, backed down.

At present I am considering what further applications could / should be made in his case. I wonder if any one else has any other similar experiences?

Paul Turner is a highly regarded direct access immigration barrister licensed by the Bar Council to provide direct access legal services to the public and is practising at Chambers of Claudius Algar 10 King’s Bench Walk, Temple, EC4Y 7EB London.