FAH (AP), Re Judicial Review

Judicial Review of the decision of the Secretary of State for the Home Department to remove the Petitioner to Tanzania on Monday 14 February 2011 at 0635 hours

[1] The petitioner is a citizen of Tanzania who arrived in the United Kingdom on 31 October 2006 . In these proceedings he seeks judicial review of a decision of the Secretary of State for the Home Department ("the Secretary of State"). In the petition the Advocate General for Scotland , on behalf of the Secretary of State, is designed as being the respondent.

[2] The petitioner arrived in the United Kingdom on 31 October 2006 on a student visa. He had leave to remain in the United Kingdom until 31 January 2008 . He did not depart from the United Kingdom when his visa expired. He accordingly became an overstayer. The petitioner submitted two further applications for leave to remain in order to extend his visa. Both were unsuccessful. The second of these was refused in July 2008.

[4] The petitioner instructed solicitors on 8 February 2011 . Following receipt of instructions the petitioner's solicitors submitted written representations to the Secretary of State putting forward a human rights claim on his behalf. That claim was based on the petitioner's family life in the United Kingdom , as protected by Article 8 of the European Convention on Human Rights. It was set out in a letter dated 9 February 2011 which the petitioner's solicitors faxed that day to the Detained Cases Department of the UK Border Agency in Glasgow .

[6] On 11 February 2011 the present petition was lodged. It seeks reduction of the decision of the Secretary of State dated 6 February 2011 to remove the petitioner to Tanzania on Monday 14 February 2011 at 0635 hours. When that petition was lodged the petitioner's solicitors had not received any acknowledgment of or response to the letter dated 9 February 2011 , which they had faxed to the UK Border Agency.