I am not sure how other solicitors and barristers are getting on with any other applications for injunctive relief. I have just been informed by my solicitor, Biruntha and Co that the Court of Appeal have granted a stay of removal directions. It was necessary to go to the Court of Appeal because Wilkie J had refused to grant a stay at 9.40am. As a direct access immigration barrister who is deeply troubled by the manner in which the SSHD has sought to remove Sri Lankan Tamils I was very relieved.
What was particularly disturbing in this case was that the SSHD had refused my client’s fresh claim that had been outstanding for three and a half years on the day before the flight. What was worse was that the SSHD communicated this refusal to the Court, apparently, though it is not clear, on 18 September 2012 but did not communicate the refusal until after Wilkie J had refused to grant an injunction at 9.30am. The effect of this was to deny the Claimant the opportunity of responding to what turned out to be a flawed refusal letter.
The outcome is happily that the client is to be removed from the flight. However, the SSHD’s actions caused unnecessary cost and no small amount of stress to me, my solicitor and undoubtedly the client.
I await with interest the Order of the Court of Appeal to see on what basis the injunction was granted.
Paul Turner is a highly regarded direct access immigration barrister practising out of 10 kings bench walk Temple London, EC4Y 7EB and is licensed by the Bar Standards Board to provide direct access immigration advice and service to the public.