H (Claimant/Appellant) v Secretary of State for The Home Department
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE PILL |
| Judgment Date | 26 May 2006 |
| Neutral Citation | [2006] EWCA Civ 827 |
| Docket Number | C5/2006/0680 |
| Date | 26 May 2006 |
| Court | Court of Appeal (Civil Division) |
[2006] EWCA Civ 827
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE ASYLUM AND IMMIGRATION APPEAL TRIBUNAL
Royal Courts of Justice
Strand
London, WC2
Lord Justice Pill
C5/2006/0680
[AIT NO. HX/19285/2004]
MR D JONES (instructed by Messrs Halliday Reeves, 8 th Floor, Chad House, Tynegate Precinct, Gateshead, TYNE AND WEAR, NE8 3HY) appeared on behalf of the Appellant.
THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
This is an application for permission to appeal by Mr H, who is a Kosovan national of Roman decent. He arrived in the United Kingdom on 4 March 2004. No decision was made on his application for asylum, which was promptly made, until 25 August 2004. It appears that the previous month he had failed to appear at interview. Two points are taken in relation to the passage of time. The first is that until April 2001, that is 13 months after the application, the policy for Kosovans in his position was more favourable in terms of him being granted leave to remain. The second is the overall lapse of time and in the course of his stay here the applicant has formed a relationship with a female British national.
Two grounds of appeal are made by Mr David Jones on behalf of the applicant. The first is in relation to delay and the second in relation to risk on return; while that is a separate point Mr Jones does make the point that it may have some cumulative effect with the first.
I have very recently discovered that the question of delay has been the subject of recent consideration in this court. In U, Carnwath LJ, considering and granting an application for permission, refers to several of the authorities on the question of delay: Shala [2003] EWCA Civ 233; J (Serbia and Montenegro) [2004] UKIAT 00116; R (Iran) [2005] EWCA Civ 982; MM [2005] UKAIT 0163; and Akaeke [2005] EWCA 947.
In his helpful skeleton argument, Mr Jones refers to the decision of Moses J in Ala [2003] EWHC Admin 521, as well as referring to some of the cases I have already mentioned.
Carnworth LJ gave permission in U on the basis that the question of delay in this context needs to...
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