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You are here: BAILII >> Databases >> United Kingdom Asylum and Immigration Tribunal >> RS (Spouse’s pending claim: removal bar?) Sri Lanka [2004] UKIAT 00195 (16 July 2004) URL: https://www.bailii.org/uk/cases/UKIAT/2004/00195.html Cite as: [2004] UKIAT 00195, [2004] UKIAT 195 |
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APPEAL No. RS (Spouse's pending claim: removal bar?) Sri Lanka
[2004] UKIAT 00195
Date of hearing: 02 July 2004
Date Determination notified: 16 July 2004
John Freeman (a vice-president)
Mrs ME McGregor and
RS |
APPELLANT |
and |
|
Secretary of State for the Home Department | RESPONDENT |
This is an appeal from a decision of an adjudicator (Mr AM Kopieczek), sitting at Hatton Cross on 23 September 2003, dismissing an asylum and human rights appeal by a Tamil citizen of Sri Lanka
. Permission to appeal the adjudicator's decision under article 8 of the Human Rights Convention was given on the basis that the fact that the claimant's wife had a asylum and human rights appeal pending was regarded by the adjudicator as "no bar to her returning to
Sri Lanka
with her husband and children".
22.03.1996 claimant first applies for asylum: refused and appeal dismissed
11.08.1997 claimant returns by car from Spain: re-applies for asylum
07.1999 claimant meets wife (asylum-seeker from Sri Lanka
) here
21.08.1999 claimant and wife go through religious ceremony of marriage
21.07.2000 Tharshika ♀ born
11.2000 wife's claim refused
11.04.2001 wife makes fresh claim for asylum and on human rights
02.02.2002 removal directions served on claimant
12.05.2002 Liyoshika ♀ born
… what was relevant is that the Appellant had been in the United Kingdom for two years without having his status determined at the time of his marriage, and nearly five years before his claim was ultimately refused, by which time his first child was born, another was on the way, and he had started a business with his wife. Another year passed before his appeal was heard, and he has now been in the United Kingdom almost seven years. Similarly his wife's fresh application for asylum and under the Human Rights Act has not been dealt with in a timely fashion, and her status remains undetermined.
Appeal dismissed
John Freeman