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Ikuga, R (on the application of) v Secretary of State for the Home Department

[2015] EWCA Civ 527

Case No: C5/2014/4100
Neutral Citation Number: [2015] EWCA Civ 527
IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE UPPER TRIBUNAL

(IMMIGRATION AND ASYLUM CHAMBER)

Royal Courts of Justice

Strand

London, WC2A 2LL

Tuesday, 21 April 2015

Before

LORD JUSTICE LONGMORE

LADY JUSTICE GLOSTER

LORD JUSTICE SALES

Between:

THE QUEEN ON THE APPLICATION OF IKUGA

Respondent

- and -

SECRETARY OF STATE FOR THE HOME DEPARTMENT

Applicant

(DAR Transcript of

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Ms Parminder Saini (Instructed by Greenland Lawyer) appeared on behalf of the Applicant

Mr Neil Sheldon (instructed by Government Legal Department) appeared on behalf of the Respondent

Judgment

LORD JUSTICE LONGMORE:

1.

We will not give leave on the second and third points which Mr Saini has adumbrated. We think we should give leave on what I will call the point that arises in Mrs Agyarko’s case since, as I indicated earlier, Sir Stephen has already given permission for the point in that case. We think we should also give permission on the first of Mr Saini’s separate new grounds, namely whether the Upper Tribunal should have, as Mr Saini would say, exercised the discretion that the Secretary of State had in deciding whether or not there were insurmountable obstacles.

2.

We will be reserving judgment in both Mrs Agyarko’s case and the case of Mrs Ikuga and we will be distributing a draft in the usual way. We will be grateful for corrections; any further submissions to be in writing.

Order: (Judgment reserved).

Ikuga, R (on the application of) v Secretary of State for the Home Department

[2015] EWCA Civ 527

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