R Javaid v Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judge | Lord Justice Underhill |
| Judgment Date | 07 December 2015 |
| Neutral Citation | [2016] EWCA Civ 2105 |
| Date | 07 December 2015 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: C5/2015/2105 |
[2016] EWCA Civ 2105
IN THE COURT OF APPEAL (QUEEN'S BENCH DIVISION)
ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION & ASYLUM CHAMBER)
Royal Courts of Justice
Strand, London, WC2A 2LL
Lord Justice Underhill
Case No: C5/2015/2105
The Applicant appeared in appeared in person via Telephone Conference at Harmondsworth Detention Centre
The Respondent did not appear and was not represented
No of words: 1069
No of folios: 15
The applicant is a national of Pakistan. He arrived in this country as a student in August 2010 and was subsequently granted an extension of his leave to remain. In connection with an application for a further extension of leave to remain, he submitted evidence of having passed the so-called TOEIC test. On 23 June 2014 his application was refused on grounds that he was said to have had that test taken by a proxy, and he was served with notice of liability to removal on the same basis.
On 30 June 2014 the applicant commenced proceedings for judicial review on the basis that he had been denied an effective right of appeal. I have not seen the full papers but he tells me that it has always been his case that he did not take the test by proxy and he could establish in any event his ability to speak English fluently. His application for permission to apply for judicial review was refused by the Upper Tribunal on the basis that he had a right of appeal, albeit one that could only be exercised from outside the country. It relied on a decision to that effect by Helen Mountfield QC, sitting as a deputy High Court judge, in the case of Shahbaz Ali v SSHD. That decision has now been upheld by this court: see [2015] EWCA Civ 744, which was handed down on 14 July 2015.
The applicant's application for permission to appeal to this court was deferred pending the outcome of the appeal in Shahbaz Ali and his removal was deferred likewise. But once this Court's decision was known permission was refused by Sales LJ on the papers on 29 October 2015. He also lifted the stay, making it clear that any oral renewal application should not act as a stay.
In accordance with that indication, removal directions have now been set for 8 December – that is,...
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