APPEAL No. (STARRED)
Date of hearing: 6/11/2001
Date Determination notified: 19/12/2001
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||RESPONDENT|
65. Racial discrimination and breach of Human Rights
A person who alleges that an authority has, in taking any decision under the Immigration Acts relating to that person's entitlement to enter or remain in the United Kingdom, racially discriminated against him or acted in breach of his human rights may appeal to an adjudicator against that decision unless he has grounds for bringing an appeal against the decision under the Special Immigration Appeals Commission Act 1997.
(2) For the purpose of this Part;
(a) an authority racially discriminates against a person if he acts, or fails to act, in relation to that other person in a way which is unlawful by virtue of section 19B of the Race Relations Act 1976; and
(b) an authority acts in breach of a person's human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the Human Rights Act 1986.
(2) Subsection (4) and (5) apply if, in proceedings before an adjudicator or the Immigration Appeal Tribunal on an appeal, a question arises as to whether an authority has, in taking any decision under the Immigration Acts relating to the appellant's entitlement to enter or remain in the United Kingdom, racially discriminated against the appellant or acted in breach of the appellant's human rights.
(4) The adjudicator, or the Tribunal, has jurisdiction to consider the question.
(5) If the adjudicator, or the Tribunal, decides that the authority concerned;
(a) racially discriminated against the appellant; or
(b) acted in breach of the appellant's human rights, the appeal may be allowed on the ground in question.
(6) No appeal may be brought under this section by any person in respect of a decision if;
(a) that decision is already the subject of an appeal brought by him under the Special Immigration Appeals Commission Act 1997; and
(b) the appeal under that Act has not been determined.
(7) 'Authority' means;
(a) the Secretary of State;
(b) an immigration officer;
(c) a person responsible for the grant or refusal of entry clearance.
"On the basis of the letter from Ms Watson, I accept as facts that the relationship between the Appellant and Ms Watson broke down in 1997, that Ms Watson moved from Manchester to London without the Appellant in 1986, has custody of Shaina and that Shaina has not seen the Appellant since 1999. I do not need to make a finding as to the veracity of the claims by the Appellant and Ms Watson that the Appellant made regular trips to London to stay with Shaina in a hotel because, upon a common sense definition of the term, it is evident from the letter that there is no family life subsisting as between the Appellant, Ms Watson and Shaina Watson."
C M G OCKELTON (DEPUTY PRESIDENT)