Ofori v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judgment Date | 26 July 1994 |
| Date | 26 July 1994 |
| Court | Immigration Appeals Tribunal |
Court of Appeal
Dillon, Leggatt, Hoffmann LJJ
M Gill for the applicant
R Tam for the respondent
Cases referred to in the judgments:
R v Secretary of State for the Home Department ex parte Samuel Ogunbodede [1993] Imm AR 28
R V Secretary of State for the Home Department ex parte Michael Ofori [1994] Imm AR 581
Deportation overstayer resident in United Kingdom less than 14 years at date of decision to initiate deportation proceedings residence of 14 years after unsuccessful appeals whether applicant entitled to benefit from 14-year concession. Immigration Act 1971 (as amended) s. 3(5)(a).
Renewed application for leave to move for judicial review following refusal by Macpherson J. The applicant was a citizen of Ghana. He had been refused variation of leave as a student and ultimately became a long-term overstayer. When the Secretary of State decided to initiate deportation proceedings against him pursuant to section 3(5)(a) of the 1971 Act he had been in the United Kingdom for twelve-and-a-half years. After his appeal to an adjudicator had been dismissed and leave to appeal to the Tribunal refused, but before a deportation order was signed, he had been in the United Kingdom for over 14 years.
Counsel argued that in those circumstances the applicant should benefit from the ministerial concession extended to those with more than 14 years' residence. Macpherson J had rejected the submission that time spent in the United Kingdom pursuing appeals and seeking judicial review should be time to be taken into account in calculating the period of residence.
Held
1. The learned judge was correct to conclude that the Secretary of State was entitled to discount the time spent in pursuing appeals, in calculating the applicant's period of residence.
2. In any event there was not a rigid framework for the consideration of a case once a person had been in the United Kingdom for 14 years: it was for the Secretary of State, in his extra-statutory discretion, to consider each case on its merits, and the court would not make rules for the Secretary of State to follow in applying his policy.
Dillon LJ: This is a renewed application for leave to move for judicial review which has been presented to us very clearly by Mr Gill on behalf of a Mr Michael Ofori. The application for leave to move was previously refused by Macpherson of Cluny J on 25 July 1994.
The history of the matter is that the applicant, who is a Ghanaian, came to the United Kingdom on 9 January 1980. That, of course, is now more than 14 years ago. The centre of this application is as to the application of what has been referred to as the 14-year rule.
The applicant came here as a student. He had...
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