Iye v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judgment Date | 27 August 1993 |
| Date | 27 August 1993 |
| Court | Immigration Appeals Tribunal |
Court of Appeal
Glidewell, Scott, Evans LJJ
D Roberts for the applicant
Miss L Giovannetti for the respondent
Case referred to in the judgments:
R v Secretary of State for the Home Department ex parte Jordan Abiodun Iye (unreported, QBD, 22 July 1993).
Illegal entrant entry by deception conviction for social security fraud recommended by court for deportation Secretary of State elected to remove applicant as illegal entrant long-term association with British citizen child of the relationship whether unreasonable for Secretary of State to remove applicant in light of guidance to immigration officers. Immigration Act 1971 s. 3(6), sch. 2 para. 8.
Renewed application for leave to move for judicial review after refusal by Auld J. The applicant was a citizen of Nigeria who had entered the United Kingdom by deception in 1986. He came to the attention of the immigration authorities when convicted of social security fraud in 1993. The court in imposing a custodial sentence recommended he be deported. The Secretary of State however decided to remove him from the United Kingdom as an illegal entrant.
Counsel argued that in the light of the guidance the Secretary of State had issued to immigration officers in relation to those liable to deportation but who had children in the United Kingdom, the decision was unreasonable.
Held
1. The matter was entirely one for the exercise by the Secretary of State, of his discretion.
2. Albeit the relevant letters sent on behalf of the Secretary of State did not specifically refer to the private guidance paper, it was clear that consideration had been given to the policy it embodied.
3. It could not be said that the Secretary of State's decision was Wednesbury unreasonable.
4. Per Evans LJ, it was regrettable that the Secretary of State was unable to clarify whether he acknowledged a duty to comply with the terms of the guidance paper and whether that was designed to give effect to article 8 of the European Convention on Human Rights, and if it were, to make it abundantly clear that that guidance had been followed in this case.
Glidewell LJ: This is a renewed application on behalf of Mr Jordan Abiodun Iye for judicial review of a decision of the Home Secretary (in practice the Home Office), communicated to the solicitors acting for Mr Iye in a letter dated 24 June 1993 of the Home Office's intention to remove Mr Iye to Nigeria. In theory, the decision was not to grant him consent to remain in the United Kingdom.
In order to explain that, I have to go back to the history of this matter, about which there is no doubt at all. Mr Iye arrived in this country in September 1986. He made an earlier attempt to enter the United Kingdom using something approximating to his own name and was refused consent to enter. He then came back some weeks later using a totally false name. Under that false name he was given consent to enter for a short period of time only as a visitor.
Having entered under a false name, he had, of course, committed an offence. He had obtained his leave to enter by deception and he was therefore an illegal entrant. Had he been apprehended at any time immediately after his entry he would have had no answer to a decision to send him back whence he came, that is to say Nigeria.
However, the time here for which he was permitted to stay under the false name having elapsed, Mr Iye stayed on...
To continue reading
Request your trial
-
R v Secretary of State for Home Department, ex parte Gangadeen; R v Secretary of State for Home Department, ex parte Khan
...696 that the ECHR has at least some role as a relevant factor in the taking of a decision by the Home Secretary. 26 In Iye v. Secretary of State for the Home Department [1994] Imm AR 63 the Home Secretary's exercise of his discretion under the Policy was also in issue, and Glidewell LJ, wit......
-
R v Secretary of state for the home department ex parte Irfan Ahmed
...KingdomHRC [1992] 15 EHRR CD 61. N v The United KingdomHRC [1993] 16 EHRR CD 28. Jordan lye v Secretary of State for the Home Department [1994] Imm AR 63. Jane Namusisi v Secretary of State for the Home Department [1994] Imm AR 399. Leave variation applicant admitted for marriage marriage b......
-
R v Secretary of State for the Home Department and Another
...purposes is thwarted if seamen deserters are excluded from it. As Glidewell LJ said in Iye v Secretary of State for the Home Department [1994] Imm AR 63, 65, it is the UK government's treaty obligation, enforceable in the European Court of Human Rights, to respect article 8 of the Conventio......
-
R v The Secretary of State for the Home Department and Another
...of State failed to make clear his policy in relation to Article 8, notwithstanding the observations of Evans LJ in Ex Parte Iye [1994] Imm Ar 63, where at page 67 he was anxious because he had been left unclear on the question whether or not the instructions of the Home Office Enforcement P......