Zekaj, Re Judicial Review

In this matter the applicant is a national of the former State of Yugoslavia. The respondent is the Secretary of State for the Home Department. The applicant challenges a decision by the respondent made on 10 January 2006 ("the impugned decision") refusing indefinite leave to the applicant to remain in the United Kingdom pursuant to the respondent's policy published as "APU Notice 4/2003". The reasons given by the respondent for the decision were as follows:

(i) The applicant asserts that he fled the conflict in Kosovo and travelled to the UK in late July or early August in 1999 with his wife Ardjana Zekaj.

(ii) On 3 August 1999 he lodged a claim for asylum in the UK at the Home Office premises in Croydon in the name of Petrit Leknickcaj. Since this is an important factor in this case, I shall quote in full the applicant's account as set out in his affidavit of 4 April 2006:

(iii) On 25 August 1999, the applicant made a further claim for asylum to the Home Office in Croydon, this time in his correct name, giving the same nationality and date of birth that he had previously given. He also again gave the correct identity details of his wife. He admits in his affidavit of 4 April 2006 that he did not tell the Home Office that he had made a claim under a false name 22 days previously, but he asserts he was not asked that directly. Of this circumstance he states at paragraph 9 of his affidavit:

(iv) In September 1999 the applicant moved to Belfast and there obtained representation from Martin Brennan solicitor. In an affidavit of 21 June 2006, Mr Brennan deposed, inter alia: