APPEAL No. GX v Secretary of State for the Home Department (Kosovo)  UKIAT 03352
Date of hearing: 11 July 2002
Date Determination notified: 31 July 2002
|Secretary of State for the Home Department||RESPONDENT|
"As your client is an unaccompanied minor we are anxious to give this application the priority it deserves."
That is a strange observation since by May 2001 some two and a half years had already passed since the applicant, an unaccompanied minor, had arrived in this country. The refusal letter which was eventually dispatched was in the usual form indicating that although he had suffered under the Serbs the situation had now changed. Indeed at paragraph 6 of the letter the author said:
"The Secretary of State does accept that you may have suffered persecution in the Federal Republic of Yugoslavia. You say that the Serbian authorities would constantly harass you and your family."
"The appellant has clearly established family life with Vinnette Powell. The directions for his removal to Kosovo would infringe his right to that family life."
He then went on to decide that as a result of the decision of the Court of Appeal in Mahmood, despite the hardship there were no insurmountable obstacles to the family living together in Kosovo or to the applicant going back to Kosovo and seeking an entry clearance within the terms of Rule 281 of the relevant Immigration Rules. But the Adjudicator did go on to say this:
"However I must say that the appellant's wife was very moving when she gave her evidence. Taking into account what I assess as the fairly good chances of success of an application made under paragraph 281 by the appellant in Kosovo, his age, the loss of his family and the persecution endured and witnessed by him in Kosovo, I recommend that the Secretary of State grants this appellant indefinite leave to remain obviating the need for an application under paragraph 281."
MR JUSTICE COLLINS