Immigration Law Update: R (on the application of Ronald Blaise) v The Secretary of State for the Home Department [2015] EWHC 391

R (on the application of Ronald Blaise) v The Secretary of State for the Home Department [2015] EWHC 391 (Admin) 

Refusal of leave to enter and a decision to remove was held to be well within the range of reasonable and lawful responses to the C.  The C had ILR and a NTL stamp in his passport but it was not genuine having been issued by an employee of the Home Office who had pleaded guilty to misconduct in a public office and had specifically pleaded guilty to issuing the C with false status papers.  It was held that ILR had never been properly issued and was therefore invalid and had no effect. It was not necessary to decide whether the C had acted in bad faith to reach this decision (although the Judge went on to find that the C was dishonestly involved).  No in-country right of appeal arises where the individual has no status, had not been granted leave to enter and had not raised human rights, Alighanbari v SSHD & FTT [2013] EWHC 1818 (Admin) considered.  The length of residence, ex-wife and grown child was held to be insufficient to found a human rights claim which would have attracted an in-country right of appeal.

 

 


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