R v Secretary of state for the home department ex parte Jane Namusisi
| Jurisdiction | England & Wales |
| Judgment Date | 15 April 1994 |
| Date | 15 April 1994 |
| Court | Queen's Bench Division |
Queen's Bench Division
Pill J
D Abbott for the applicant
R Tam for the respondent
No cases are referred to in the judgment
Wife political asylum marriage applicant granted temporary admission pending consideration of claim for asylum made on arrival in United Kingdom marriage while on temporary admission application for leave to remain on basis of marriage no entry clearance as wife application refused whether Secretary of State's approach to application reasonable. HC 251 paras. 50, 180 O.
The applicant for leave to move for judicial review was a citizen of Uganda who had applied for political asylum on her arrival in the United Kingdom. She was granted temporary admission for a limited period while her claim was considered. She married another Ugandan and then applied for leave to remain as a wife. Her husband was in the United Kingdom with exceptional leave.
The Secretary of State refused her application, relying on paragraph 50 of HC 251: settlement on the basis of marriage was a purpose for which the applicant required entry clearance before admission to the United Kingdom.
Counsel argued that the approach by the Secretary of State was unreasonable. It was not possible for an asylum seeker to return to her own country to secure entry clearance. For the Secretary of State it was submitted that it was fair and reasonable for the Secretary of State not to consider the application based on marriage before the applicant's position as a refugee had been determined. If she were recognised as a refugee she would not require variation of leave on the basis of marriage: if she were not found to have a well-founded fear of persecution in Uganda, it would follow that she would have no difficulty in returning there to secure entry clearance.
Held
1. The facts were unusual and did not fit easily into the immigration rules.
2. Nevertheless the Secretary of State was obliged to be fair as between one applicant and another: his approach in the circumstances was neither unreasonable nor unlawful.
Pill J: This is an application for leave to apply for judicial review. Mrs Jane Namusisi applies to quash a decision of the Secretary of State made on 29 January 1994 refusing the applicant leave to enter or to remain in the United Kingdom, and a decision whereby an admission to the United Kingdom of a temporary nature was limited to 29 April 1994.
The applicant is a...
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