LLD, by her mother and next friend v Secretary of State for the Home Department
| Jurisdiction | Northern Ireland |
| Judge | McCloskey LJ,Treacy,McCloskey LJJ,Stephens |
| Judgment Date | 31 July 2020 |
| Neutral Citation | [2020] NICA 38 |
| Date | 31 July 2020 |
| Year | 2020 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2020] NICA 38
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McC11275
Delivered: 31/07/2020
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
ON APPEAL FROM THE UPPER TRIBUNAL, IMMIGRATION AND ASYLUM
CHAMBER
________
LLD, by her mother and next friend
-v-
SECRETARY OF STATE FOR THE HOME DEPARTMENT
________
Before: Stephens LJ, Treacy LJ and McCloskey LJ
________
McCLOSKEY LJ (delivering the judgment of the court)
Glossary
The Appellant: LLD
SSHD: Secretary of State for the Home Department (the Respondent)
FtT: First-tier Tribunal, Immigration and Asylum Chamber
UT: Upper Tribunal, Immigration and Asylum Chamber
The Rules: The Immigration Rules
The 1971 Act: Immigration Act 1971
The 2007 Act: Tribunals, Courts and Enforcement Act 2007
The 2008 Rules: The Tribunal Procedure (Upper Tribunal) Rules 2008
Introduction
[1] This is an application by LLD, whom we shall describe as “the Appellant”, for
leave to appeal to this court against the decision of the Upper Tribunal, Immigration
2
and Asylum Chamber (the “UT”) dated 7 October 2019. The central issue of law
raised is the meaning of the word “false” in paragraph 320(7A) of the Immigration
Rules.
Relief Sought
[2] In the more detailed terms of the formal motion, the Appellant seeks –
“…. leave to appeal, pursuant to the provisions of section
13(4) of the Tribunals, Courts and Enforcement Act 2007,
against the decision of the Upper Tribunal (Immigration
and Asylum Chamber), Upper Tribunal Judge Dawson,
promulgated on 07 October 2017 and which affirmed, in
part, the decision of the First-tier Tribunal (Immigration
and Asylum Chamber), First-tier Tribunal Judge Farrelly,
promulgated on 13 March 2018, to the effect that the
Appellant’s application for entry clearance had breached
paragraph 320(7A) of the Immigration Rules by the
submission of a false document.”
The effect of section 13 of the 2007 Act is that while the Appellant may appeal to this
court against the decision of the UT such appeal lies only with the permission of the
UT or the leave of this court. In this case the UT has been requested, and has
refused, to grant permission to appeal, thus stimulating the present application.
Anonymity
[3] It is appropriate to dwell a little on the issue of anonymity given the prima
facie incongruity arising out of the differing approaches by the two tribunals in the
underlying proceedings. The Appellant, a Filipino national, is aged 16 years. The
factual framework is rehearsed in greater detail infra. The impetus for every stage of
this litigation was the decision of SSHD refusing the Appellant’s application for
entry clearance to enter and reside in the United Kingdom for family reunification
purposes.
[4] In summary:
(a) The first judicial decision in the litigation history, that of the FtT, did
not grant the Appellant anonymity and, indeed, specifically recorded
“NO ANONYMITY DIRECTION MADE”.
(b) There is no indication that the Appellant sought anonymity in her
application for leave to appeal to the UT.
(c) The Appellant was not anonymised in the decision of the FtT refusing
permission to appeal.
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4 cases
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Cokaj (Anonymity Orders: Jurisdiction and Ambit)
...1176; [2021] WLR 1327; [2021] Imm AR 59; [2020] INLR 639 LLD (by her mother and next friend) v Secretary of State for the Home Department [2020] NICA 38; [2021] Imm AR 383; [2021] INLR 47 Officer L and Others, In re [2007] UKHL 36; [2007] WLR 2135; [2007] 4 All ER 965 Pink Floyd Music Limit......
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Sterritt (Aaron's) Application
...interests are readily identifiable. The first is the common law principle of open justice (see the recent decision of this court in LLD [2020] NICA 38 at [13]). This principle, though framed in potent terms, is not absolute. The second is the right to freedom of expression. At the time when......
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Upper Tribunal (Immigration and asylum chamber), 2021-07-19, [2021] UKUT 202 (IAC) (Cokaj (anonymity orders, jurisdiction and ambit))
...information at the known potential cost of an individual being maimed or killed. In LLD v Secretary of State for the Home Department [2020] NICA 38, the Court of Appeal in Northern Ireland considered an immigration appeal by an individual aged 16 who wished to enter the United Kingdom for f......
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Upper Tribunal (Immigration and asylum chamber), 2023-03-10, HU/03073/2021
...1324 should be followed in the light of the Northern Ireland Court of Appeal case LLD v The Secretary of State for the Home Department [2020] NICA 38. Grounds (1) and (2) concern the judge’s assessment of whether the money transfer receipts were false documents and of whether the appellant ......