Kurtaj, R (on the application of) v The Secretary of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- RHODRI PRICE LEWIS QC
Areas of Law
- Immigration Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case involves an Albanian citizen's challenge to the UK authorities' decision to remove him based on his illegal immigration status and the protection of his Article 8 ECHR rights. The court upheld the certifications under the Nationality, Immigration and Asylum Act 2002 and found the Claimant's human rights claims clearly unfounded as well as lawful detention till judicial review granted permission.
Judgment
Rhodri Price Lewis QC :
These proceedings began as a challenge to the decision of the Defendant made on the 18 th June 2012 to set directions for the Claimant who is an Albanian citizen to be removed from the United Kingdom. Permission to apply for judicial review was refused on the papers by His Honour Roger Kaye QC sitting as a Deputy High Court Judge on the 31 st October 2012. However, following the submission of amended grounds of claim referring to family court proceedings, Cranston J granted interim relief on the 9 th November 2012 observing that “the extant family proceedings justify relief”. The Claimant had initiated contact proceedings in August 2012 in Scotland with a view to gaining access to his two children. The Claimant’s ex-wife and their two sons live in Scotland. The older is now 18 years old and the younger son is now 14 years old. Both the sons are British citizens. On the 15 th March 2013 Philip Mott QC sitting as a Deputy High Court Judge granted permission to apply for judicial review and granted permission to amend the claim to include a challenge to the Defendant’s decision dated the 21 st June 2012 to certify the Claimant’s human rights claim as clearly unfounded (referred to by Mr Hansen for the Defendant as “the Certification Challenge”) and to include a challenge to the legality of his detention by the Defendant after the 6 th July 2012 (referred to as “the Detention Challenge”).
The Facts :
The Claimant is a 41 year old Albanian citizen who arrived illegally in the United Kingdom in 2000. He made a claim for asylum that was rejected. In March 2004 he was removed to Albania. By June 2004 he was back in the United Kingdom illegally. He was removed again in March 2008. The Claimant claims to have re-entered the United Kingdom - again illegally - on the 28 th December 2011. He was detained on the 7 th June 2012. Directions were set for his removal on the 22 nd June 2012. On the 21 st June 2012 his solicitors submitted representations claiming that his removal would breach his right to respect for his private and family life under Article 8 of the European Convention on Human Rights. By letter of the same date the Defendant certified his human rights claim as clearly unfounded. The judicial review claim form was filed on the 22 nd June 2012 and the removal directions were deferred. By the 3 rd August 2012 the Claimant had initiated family proceedings in Scotland seeking contact with his children. An interim contact ord