Leave granted against Home Secretary for refusing entry to the UK

Mr Justice Rooney granted leave to the applicant, our client Mr Joel de Deus, in his challenge against the Secretary of State for the Home Department for refusing his entry to the UK for the purposes of visiting his family members. 

Our client, from Timor Leste, arrived in the UK on 9^th September 2022 at Belfast International Airport. He was coming to Northern Ireland to visit his family members for a few weeks. On his arrival, Border officials refused his entry as they concluded that Mr de Deus’ was not a genuine visitor. However, they came to this conclusion without interviewing Mr de Deus with an appropriate interpreter. An emergency judicial review was taken at that time and Lord Justice Horner granted interim relief that our client be re-interviewed with the benefit of an interpreter. A second interview was conducted and a fresh decision was made on 14^th September 2022, once more refusing entry to Mr de Deus. A direction was made that Mr de Deus would be removed on 16^th September by the Secretary of State. This instant challenge was taken in relation to the 14^thSeptember decision. It transpired that the Secretary of State had come to the decision using materials and information that was recorded from their initial interactions with Mr de Deus, without the benefit of an interpreter. When fresh proceedings were lodged, the Secretary of State deferred Mr de Deus’ removal from the UK. Mr de Deus was able to be released from detention and visit his family. He decided to leave Northern Ireland on 30^th September. He wished to continue with the challenge as he was concerned about the impact of the refusal of entry to the UK on any future visits to his family. 

The Secretary of State argued that as Mr de Deus had left the jurisdiction, that the matter was academic and as such, the test for leave was not satisfied. Our client successfully argued that the matter was not academic, given that the Secretary of State could not provide assurances that the refusal of entry would not damage his immigration history and be detrimental to any future applications. 

This sets a useful precedent that immigration refusals cannot be found to be academic if they have voluntarily left the jurisdiction and whilst on immigration bail. Mr Richard McLean BL is instructed on behalf of the applicant. Our Sinead Marmion and Alannah Faulkner act on behalf of the applicant.