The Howells Immigration team have succeeded in an appeal for their client who was denied indefinite leave to remain by the Secretary of State for the Home Department (SSHD) following a series of delays over the last 7 years.
The client first entered the UK in 2002 and was granted exceptional leave to remain for 4 years. In 2006 the client then went on to apply for indefinite leave to remain. Following a series of delays by the SSHD, the claimant was left waiting for his application to be determined for over 7 years and was accused of making multiple applications for asylum under different identities of which the client denied.
Following the accusations, the SSHD informed the client that he did not qualify for asylum or humanitarian protection. It was also determined that the client did not qualify for limited leave to enter or remain in the UK, so in consequence he should make arrangements to leave.
Howells represented the Claimant in July 2014 at the High Court of Justice to defend his appeal and application.
Following the submission of forensic evidence and argument, the judge declared that SSHD failed to address the Claimants original application for indefinite leave to remain in 2006 and therefor the Claimant’s application remains pending. Given that the Claimant’s application is still pending he has continuing leave to remain in the UK and it was declared that the SSHD should pay the Claimant’s legal costs, a great success for both the Howells team and their client.
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