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R (Ajoh) v Secretary of State for the Home Department

A delay of 22 months between an illegal entrant, who had a family in the UK, making an application for leave to remain in the UK and the Secretary of State for the Home Department refusing that application was inordinate and inexcusable and rendered the refusal unlawful.

26 May 2006

The applicant overstayer (C), a Jamaican citizen, applied for judicial review of a decision of the secretary of state to refuse her leave to remain in the UK. C had arrived in the UK in February 1999 on a six-month tourist visa. C subsequently obtained a student visa and in late 2000, her three young children, who had been born in Jamaica, joined her in the UK. C ceased attending college and her leave to remain in the UK expired in September 2001. In February 2002, C applied for asylum but that claim was refused the following month. In April 2003, C married a British citizen and applied for leave to remain in the UK on the basis of her marriage. In August 2003, C gave birth to twins. In March 2005 the secretary of state refused C’s application for leave to remain and issued removal directions in respect of C and her three Jamaican-born children. C contended that the removal of her and her Jamaican-born children to Jamaica would breach their rights under Art 8 of the the European C...

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