Lekstaka, R (on the application of) v Immigration Appeal Tribunal & Anor

Lekstaka, R (on the application of) v Immigration Appeal Tribunal & Anor

The claimant's circumstances were exceptional: he had no family in Kosovo or Macedonia, had been treated as a son by his aunt and uncle in the UK, and removal would effectively end his only family life. The Immigration Appeal Tribunal failed to properly consider the exceptional nature of the case and the...

Source-derived case information.

Parties
Claimant: Klodjian Lekstaka; Defendant: Immigration Appeal Tribunal; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
18 April 2005
Procedural Posture
Judicial Review / Judgment
Outcome
decision of the Immigration Appeal Tribunal quashed; matter remitted for fresh consideration
Legal Topics
Article 8 ECHR, Family Life, Proportionality, Immigration Control, Delay in Judicial Review
Immigration Human Rights Article 8 ECHR Family Life Proportionality Immigration Control Delay in Judicial Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Klodjian Lekstaka

Claimant

Immigration Appeal Tribunal

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether removal of the claimant to Kosovo would disproportionately interfere with his family life under Article 8 ECHR
  2. 2 Whether delay in bringing the claim bars judicial review
  3. 3 Whether the Immigration Appeal Tribunal erred in refusing permission to appeal

Ratio Decidendi

The claimant's circumstances were exceptional: he had no family in Kosovo or Macedonia, had been treated as a son by his aunt and uncle in the UK, and removal would effectively end his only family life. The Immigration Appeal Tribunal failed to properly consider the exceptional nature of the case and the proportionality test under Article 8 ECHR. The decision to refuse permission to appeal was quashed.

Court Disposition

decision of the Immigration Appeal Tribunal quashed; matter remitted for fresh consideration

Orders

  • Detailed assessment of public funding costs ordered
  • Claimant awarded costs; Secretary of State's objections to costs rejected