QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF ASHORI||Claimant|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
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Mr C Bourne (instructed by the Treasury Solicitor) appeared on behalf of the Defendant
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"On the evidence before me and for the reasons aforesaid, I find the appellant has fabricated a fraudulent asylum claim with no truthful foundation."
"The Iranian Embassy also advise that they believe the applicant to be Jewish."
"I cannot see how we can remove him to Iran if the authorities in the Iranian Embassy cannot accept him as one of their nationals without evidence. I propose release from detention with restrictions. However, he will still not have any legal basis to remain in the United Kingdom."
His superior, Miss Edmondson, disagreed with his recommendation and on 23rd February 2007 stated that she was not minded to release him because the Home Office had told him to obtain further evidence of his nationality. She noted that he was desperate to return but, despite that, the unsatisfactory immigration history which I have summarised suggested that he should be detained meanwhile.
"There must be a sufficient prospect of the Home Secretary being able to achieve that purpose, ie, effecting removal or departure to warrant the detention or the continued detention of the individual, having regard to all the circumstances, including risk of absconding and the risk of danger to the public if he were at liberty."
"No documents have been put before me to indicate why that decision was altered so as to produce the release of the claimant on 29th February 2008, but it can be inferred with reasonable confidence that by then, after the lapse of 13 and a half months once appeal rights had been exhausted and the lack of success of the claimant's advisors in obtaining documents or even a reply from the Iranian Ministry, that the Home Office officials concluded that it was no longer reasonable to expect that emergency travel documents could be obtained within the reasonably near future."
We do not know, my Lord. If it is an official level it would be the highest official level.