QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
1 Bridge Street West
B e f o r e :
(Sitting as a Judge of the High Court)
| THE QUEEN ON THE APPLICATION OF ELIZA GBEH PETERS
|SECRETARY OF STATE FOR THE HOME DEPARTMENT
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(Official Shorthand Writers to the Court)
Mr Rory O'Ryan (instructed by Paragon Law, Nottingham) appeared on behalf of the Claimant
Mr Sam Karim (instructed by Treasury Solicitor's Department, London) appeared on behalf of the Defendant
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(1) by proceeding under a mistake of fact as to the nature of certain earlier periods of limited leave to remain granted to the claimant, such mistake of fact amounting to an error of law;
(ii) by acting contrary to her common law duty to act fairly to the claimant;
(iii) by relying on a 35-day break in the continuity of the claimant's leave to remain, arising from a dispute as to whether or not a relevant fee had been paid by the claimant in one of her applications, such reliance being contrary to authority, on the grounds fairness, and inconsistent with other similar policies where the defendant would exercise her discretion to waive short delays but where here the defendant failed to consider exercising such a discretion.
"Your client has been granted leave to remain outside the Immigration Rules on an exceptional basis. Any further applications will be decided on the merits of the case and it should not be expected that any further leave to remain would automatically be granted. Please note this period of leave to remain has been granted in order to allow the court proceeding that your client is party to to be concluded and relevant judgments to be handed down by the presiding judge."
It is I think reasonably clear from the wording of that letter that it was intended to be written substantially in accordance with paragraph 6(1) of the Leave to Remain IDIs to which I have referred, but it is also clear that it does not state in terms that is a grant of leave to remain outside the rules, granted in accordance with that policy, and the reference to "an exceptional basis" is more obviously a reference to the pre-2003 policy position rather than to the position which attained under the relevant policy guidance in 2010. Moreover, there is no specific statement to the effect that, unlike the previous grant of leave, this was not a grant of discretionary leave to remain.
"I am returning the enclosed passport endorsed with an extension of stay in the United Kingdom."
Again no more detail as to the basis of the leave being granted.
"A decision has been taken that it will be appropriate, because of the particular circumstances of your client's case, to grant her leave to remain in the UK on a discretionary basis outside the Immigration Rules for a specified period."