R v Secretary of State for the Home Department, ex p. Akhtar

(Computer Aided Transcription by John Larking, Chancery House, Chancery Lane, London WC2. Telephone No. 071 404 7464. Official Shorthand Writers to the Court.)

MS S HARRISON (Instructed by McGrath and Company Solicitors, Birmingham B2 4QJ) appeared on behalf of the Applicant. MR R JAY (Instructed by The Treasury Solicitor) appeared on behalf of the Respondent. ____________________

MR JUSTICE MAY: This is the hearing of an application for judicial review, on behalf of Mr Nasim Akhtar, of the signing of a Deportation Order by the Secretary of State for the Home Department on 21st March 1994, and the issuing, on 2nd June 1994, of directions for her removal to Pakistan. I granted leave in this matter as long ago as 28th July 1994. I understand that the hearing has been postponed pending the determination of one or more other cases in the Court of Appeal.

Having entered and been given six months leave to enter on 20th November 1990 she made an application for settlement which was refused by the Secretary of State in June of 1991 . That matter went on appeal to an Adjudicator on the question of dependency under the then Immigration Rules and the appeal was dismissed. However, during the course of that. hearing the Adjudicator recorded that Mr Richards, for the Respondent, did not dispute the basic facts of the matter and was prepared to accept that the Appellant, as she was, was dependent upon the sponsor. The Adjudicator said:

That decision considered the evidence about dependency and her relations in Pakistan and concluded with these words: