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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Seri, R (on the application of) v Secretary Of State For Home Department [2001] EWCA Civ 1062 (19 June 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1062.html
Cite as: [2001] EWCA Civ 1062
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM QUEEN'S BENCH DIVISION
(MR JUSTICE DYSON)
Strand London WC2 Tuesday, 19th June 2001 |
||
B e f o r e :
LORD JUSTICE SEDLEY
-and-
SIR MURRAY STUART-SMITH
____________________
| ON THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW | ||
| THE QUEEN | ||
| (ON THE APPLICATION OF SERI) | ||
| -v- | ||
| THE SECRETARY OF STATE FOR THE HOME DEPARTMENT |
____________________
Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AF
Telephone No: 020 7421 4040
Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
MISS L GIOVANNETTI (instructed by Treasury Solicitor London SWIH
9JS) appeared on behalf of the Respondent
____________________
Crown Copyright ©
- LORD JUSTICE SCHIEMANN: This is a case that has been before us a number of times. I do not recite the history. The difficulty is that the applicant is on bail, she is not entitled to benefits, she is living on a friend's charity in local authority accommodation which also involves her apparently in indebtedness and she fears that her friend is not in a position to maintain her for ever and is embarrassed about such maintenance as has already been provided.
- What she seeks is temporary admission from the Secretary of State, and thereafter permission to work so that she will be able to maintain herself if she can find work, at any event until such time as the proceedings in relation to her child are concluded.
- She asked for this in correspondence but gave no details as to what was behind her request. We are told by Mr Giovannetti that a decision was made on the simple request, unaccompanied by detailed material, to refuse that request.
- However, before the court there is now a second statement by the applicant which the Secretary of State has not yet had a chance to consider. That second statement sets out various factors which it would wish the Secretary of State to bear in mind, and Miss Giovannetti, who appears for the Secretary of State, has indicated that he is willing to bear those matters in mind and to respond to that material within seven days. Manifestly if the response is favourable to the applicant the problem will go away; if it is against the applicant she may or may not be in a position to assert that the decision is legally flawed in some way; therefore we propose to adjourn the matter.
- I say only this. One appreciates the difficulty of having to apply rules, but there is manifestly some common sense in somehow or other finding a way of maintaining the applicant rather than spending more money on court proceedings, or alternatively keeping her in detention if she runs out of funds. But those matters will no doubt be borne in mind by the Secretary of State.
Tuesday, 19th June 2001