Hummayun v Secretry of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE GREEN
Areas of Law
- Immigration Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case involved a claimant challenging the rejection of her representations as a fresh claim by the Secretary of State for the Home Department. She and her daughter, born in the UK, faced removal to Pakistan. The court examined the decision process, focusing on the child's best interests under Article 8 of the European Convention on Human Rights, and public interest considerations. Ultimately, the court found the Secretary of State's decisions to be reasonable and dismissed the judicial review application.
J U D G M E N T
MR JUSTICE GREEN:
A. Introduction
In this application the claimant challenges the decision of the Secretary of State for the Home Department, the defendant, to refuse to treat as a fresh claim representations made by the claimant concerning her removal of herself and daughter to Pakistan.
The claimant first entered the United Kingdom on 25 August 2006 on a UK visa valid from 27 July 2006 until 27 July 2007. Upon expiry of the visa she remained in the United Kingdom. She had a child, a daughter, on 25 September 2007. It is understood, however, that shortly thereafter she separated from her husband. She made an application for asylum on 19 November 2010. She was served with an IS151A notice on 19 November 2010 as a person liable to removal, and her asylum application was refused on 7 December 2010. Thereafter, she lodged an appeal against this decision to the First-tier Tribunal on 16 December 2010, which appeal was rejected on 17 January 2011.
The basis of her appeal had been, in summary, that she had separated from her husband and that, were she to be returned to Pakistan as a separated woman with a child, she would be at risk, given that her husband was a Shi'a Muslim, whereas she was from a Sunni family. The claimant's application to the Upper Tribunal to appeal the decision of the First-tier Tribunal was refused on 9 March 2011. On 18 November 2011 the claimant made further representations to the Secretary of State for the Home Department relying upon article 8 of the European Convention on Human Rights. The Secretary of State for the Home Department responded to these submissions in three letters, dated 2 July 2012, 25 September 2012, and 28 May 2014.
The Secretary of State for the Home Department's conclusion was that the representations were not sufficient to lead her to change her prior position, and that therefore leave to remain was refused. She found, in particular, that the representations did not amount to a fresh claim such as to entitle the claimant to a new and fresh appeal to the First-tier Tribunal.
The claimant first threatened to apply for judicial review on 24 July 2012. The substantive application was lodged on 25 July 2012. This application focused upon the first occasion that the defendant had refused the claimant's representations for reconsideration as set out in the decision letter of 2 July 2012. The defendant's letter of 25 September 2012 took account of the facts and matters raised in the judicial review.