Osawemwenze, R (On the Application Of) v Secretary of State for the Home Department
2014
ADMINISTRATIVE COURT
UK
CORAM
- ANDREW THOMAS QC
- SITTING AS A JUDGE OF THE HIGH COURT
Areas of Law
- Immigration Law
- Human Rights Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The Claimant, a Nigerian national, sought judicial review of a decision by the Secretary of State refusing his temporary leave to remain in the UK. He argued that this refusal breached his Article 8 rights to private and family life, referencing his family ties and responsibilities, especially towards his step-son, who had been granted leave to remain. The Court dismissed his claim, determining that the refusal did not disproportionately interfere with his or his family's Article 8 rights, noting that no compelling evidence was provided to show that the Claimant had lost all ties to Nigeria or that his family's relocation to Nigeria would be unreasonable.
JUDGMENT
Mr Andrew Thomas QC:
This is an application for judicial review of the decision of the Secretary of State refusing the Claimant temporary leave to remain in the UK. The Claimant submits that the refusal of his application is a disproportionate interference with his Article 8 rights to a private and family life. He submits that leave should have been granted under Rule 276ADE(vi) of the Immigration Rules. In the alternative, he submits that leave should have been granted outside the rules under the Defendant ’ s residual discretion.
Background
The Claimant is 44 years of age (born 11th April 1970) and a national of Nigeria. He came to the UK in March 1999, just before his 30th birthday. In 2004, he married his first wife, who was an EEA national. As a result he was granted temporary leave to remain for 5 years. He did not apply within time to extend that leave and since 2009 he has continued living in the UK without lawful right. In 2011 and 2012 the Claimant made three applications for leave to remain all of which were refused.
In the meantime, the Claimant divorced his first wife and began a relationship with his second wife, Ms Joy Andrew. They married on 24th April 2013.
Ms Andrew is herself a national of Nigeria. I have been provided with very little evidence about her circumstances. The papers do not show her age, her date of birth or the date she entered the UK. What is clear is that she came to this country at a comparatively late age. She does not have leave to remain.
There are three children of the family. The eldest is Fred Ahmed Sabry, who is 14 years of age. I am told that Fred is Ms Andrew ’ s son by a previous relationship. Fred was born in Nigeria on the 29th of December 1999. The Claimant and Ms Andrew also have two younger children, aged 4 and 1 respectively. The youngest child is not referred to in the decision letter because it was not made clear that there was a third child, but there is no suggestion that this makes any material difference to the decision.
Fred Sabry has been granted temporary leave to remain in his own right. The decision in Fred ’ s case is set out in a letter dated 18th June 2013. It was a decision reached under paragraph 276 ADE(iv) of the Immigration Rules on the basis that he has been living in the UK for more than 7 years. He has been granted leave for a period of 30 months (see para 276BE of the Rules). Fred is currently in Year 9 at a local High School, having been educated since primary scho