Extract
Burns, R (on the application of) v London Borough of Southwark, Court of Appeal - Administrative Court, July 19, 2004, [2004] EWHC 1901 (Admin)
SMITH BERNAL WORDWAVE
CO/1483/2004 Neutral Citation Number: [2004] EWHC 1901 (Admin)IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT Royal Courts of Justice StrandLondon WC2 Monday, 19 July 2004 B E F O R E:MR JUSTICE GAGE - - - - - - -THE QUEEN ON THE APPLICATION OF BURNS (CLAIMANT)-v- LONDON BOROUGH OF SOUTHWARK(DEFENDANT) - - - - - - - Computer-Aided Transcript of the Stenograph Notes of Smith Bernal Wordwave Limited190 Fleet Street London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court) - - - - - - -MR A BERRY (instructed by Lindsay & Jockelson) appeared on behalf of the CLAIMANTMR J SWIRSKY (instructed by Southwark Council Legal & Democratic Services) appeared on behalf of the DEFENDANT - - - - - - -J U D G M E N T 1. MR JUSTICE GAGE: The issue in this case involves the interaction between a local authority's duties and obligations in respect of homeless persons under the Housing Act 1996 and the Home Office's right to control immigration. It involves some complex legislative provisions, but in the end the issue, in my judgment, is a narrow one. It arises in this way. 2. The claimant was born in Nigeria in April 1964. She arrived in this country in October 1982 on a visitor's visa together with her two young daughters. She was not married to the children's father. Shortly after arrival she heard that her father, a politician, had been killed and she became frightened to return to Nigeria. In July 1990 she gave birth to a son, the father of whom was her ex-partner from Nigeria and with whom she had been reunited. However, that relationship ended about one year after her son was born. In 1995 she applied for political asylum. 3. In 1997 she met Thomas Burns. They became friendly and formed a relationship which led to marriage on 26th February 1997. Mr Burns is an Irishman. Sadly, the marriage did not endure and in due course he cease...See the full content of this document