SH (Serbia) v Secretary of State for the Home Department [2007] EWCA Civ 314 (20 February 2007)

SH (Serbia) v Secretary of State for the Home Department [2007] EWCA Civ 314 (20 February 2007)

The Immigration Judge properly considered whether it was proportionate to require the applicant to return to Kosovo for entry clearance in light of the unjustified delay and the applicant's circumstances, and was entitled to conclude that the difficulties faced did not make the requirement disproportionate.

Citation
[2007] EWCA Civ 314
Parties
Claimant/appellant: SH (Serbia); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
20 February 2007
Procedural Posture
Appeal From Asylum and Immigration Tribunal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Asylum Procedure, Proportionality, Delay in Decision Making, Entry Clearance Requirements, Roma Minority Rights
Immigration Law Human Rights Law Asylum Procedure Proportionality Delay in Decision Making Entry Clearance Requirements Roma Minority Rights

Case Brief

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Parties

SH (Serbia)

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Appeal From Asylum and Immigration Tribunal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the delay by the Secretary of State in processing the asylum claim rendered it disproportionate to require the applicant to return to Kosovo to apply for entry clearance
  2. 2 Whether the Immigration Judge failed to consider the impact of the applicant's Roma ethnicity on the difficulties faced in Kosovo

Ratio Decidendi

The Immigration Judge properly considered whether it was proportionate to require the applicant to return to Kosovo for entry clearance in light of the unjustified delay and the applicant's circumstances, and was entitled to conclude that the difficulties faced did not make the requirement disproportionate.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused