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England and Wales High Court (Administrative Court) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Bibi, R (on the application of) v Immigration Appeal Tribunal [2005] EWHC 386 (Admin) (23 February 2005) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2005/386.html Cite as: [2005] EWHC 386 (Admin), [2005] 1 WLR 3214 |
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2 |
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B e f o r e :
____________________
THE QUEEN ON THE APPLICATION OF BIBI | (CLAIMANT) | |
-v- | ||
IMMIGRATION APPEAL TRIBUNAL | (DEFENDANT) |
____________________
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR M CHATWIN (instructed by Camden Community Law Centre) appeared on behalf of the CLAIMANT
MISS E LAING (instructed by the Treasury Solicitor) appeared on behalf of the DEFENDANT
____________________
Crown Copyright ©
"An appeal under section 82(1) shall be treated as abandoned if the appellant --
(a) is granted leave to enter or remain in the United Kingdom; or
(b) leaves the United Kingdom."
"(1) No proceedings may be brought by a claimant under section 57(1) in respect of an immigration claim if --
(a) the act to which the claim relates was done in the taking by an immigration authority of a relevant decision and the question whether that act was unlawful by virtue of section 19(b) has been or could be raised in proceedings on an appeal which is pending, or could be brought under the 1997 Act or Part V of the 2002 Act; or
(b) it has been decided in relevant immigration proceedings that that act was not unlawful by virtue of that section."
I can omit subsection (2) for present purposes, but subsection (3) provides:
"(3) Where it has been decided in relevant immigration proceedings that an act to which an immigration claim relates was unlawful by virtue of section 19(b), any court hearing that claim under section 57 shall treat that act as an act which is unlawful by virtue of section 19(b) for the purposes of the proceedings before it.
(4) No relevant decision of immigration authority involving an act to which an immigration claim relates, and no relevant decision of an immigration appellate body in relation to such a decision shall be subject to challenge or otherwise affected by virtue of a decision by a court hearing an immigration claim under section 57."
"In relation to an immigration claim within the meaning of section 57A, the period of six months mentioned in subsection (2)(a) begins on the expiry of the period during which, by virtue of section 57A(1)(a), no proceedings may be brought under section 57(1) in respect of the claim."