“We have now reached the decision under appeal. It took over three years and three months from the solicitors’ application, nine letters by them trying to get something done about it, and (which seems to have been what eventually brought about any action at all), the intervention of two successive MPs. Before that process even began, there had been two years (late 1996 to late 1998) in which neither side did anything at all, though the Home Office knew the claimant was here without any authority, following refusal of leave to appeal against Mr Disley’s decision; and only two months at most where the claimant delayed her own removal by applying for judicial review. “There was no reason whatsoever why the solicitors’ application of22 February 1999 should not have been dealt with in a matter of weeks: even if it had taken over 18 months, there would have been no further appeal to the Appellate authorities, so long as it had been dealt with before2 October 2000 (when the relevant provisions of the 1999 Act came into force). The case was never let go to sleep by the solicitors, and the IND had every opportunity to give it its proper priority. That they did not do so is a public disgrace.”
“I accept that in normal cases an Appellant should return to her Country of origin, make the appropriate application for entry clearance and she should not normally be permitted to ‘jump the queue’ in this way. However, I take into account the special circumstances of the case, including the length of the relationship and the marriage, the fact that the parties are not receiving benefit, the university course, the employment record of the Appellant and her husband and the unfortunate delay of the Respondent. After taking all these matters into account, I consider it would be disproportionate for the Appellant (and possibly her husband) to return to Nigeria.”
“Even though the delay in this case has not resulted in the birth of any children to the parties…, and even though there are no special circumstances beyond it, and even though refusal at the proper time would have been unchallengeable, we have no doubt that the average right-thinking citizen of this island would agree with the Adjudicator that what has happened in effect makes the decision reached, in the words of Edore, disproportionate and not striking a fair balance between the competing interests in play. The public are entitled to have anyone without lawful right to be here removed from this island to pursue any claim to family reunion in the proper way, but both they and those concerned are entitled to expect that this should be done in a reasonable time, and with some regard by the authorities to the fact that they are dealing with human beings, whose lives go on, whatever the administrative basis for them.”
“I grant permission with no particular enthusiasm essentially to argue the central point of principle said to arise here: whether delay (however long and inexcusable, as here) which causes the applicant no substantial prejudice can ever of itself make it necessarily disproportionate to remove an applicant. Given the further lapse of time which must now occur until this appeal is determined, consideration should be given to whether this court, even if it upholds the view the appellant seeks to establish, should grant the relief sought.”
“The Appellant arrived in this country when he was 17 years of age and, even though he was a minor, the Home Office took an extraordinarily long period of time, namely over four years, to make a decision on his case. That was unreasonable, in my view, and gave the Appellant an expectation that he would in due course be entitled to remain in this country, and cashing in on that expectation he regarded himself as settled and found a job and studied as well. That progress, as far as he is concerned, has been continuing to date. The Appellant supports himself and lives in a close family unit with his mother, brothers and sister.”