Kiche, R (On the Application Of) v Secretary of State for the Home Department

MR JUSTICE MOSES: This was an application brought by the claimant against the Secretary of State for the Home Department, in respect of which the single judge refused permission in writing. The claimant challenged the Secretary of State's decision on 28th March 2002. In that decision, the Secretary of State concluded that the claimant's assertion of a breach of Article 8 arising from the prospect of removal to Greece was manifestly unfounded, and accordingly asserted that was so pursuant to section 72(2)(a) of the Immigration and Asylum Act 1999. The claimant resisted the Secretary of State's attempt to remove him on the basis that he did not have the proper travel documents.

That ground is wholly without foundation since it was based upon a misapprehension of the facts. There is now evidence that a GV3 could be issued, providing that the authority was obtained in the policy section of UK Visas, and that UK Visas would normally provide the necessary authorisation, providing that the claimant fulfilled the criteria for the grant of entry clearance.

The other ground, namely that there is a breach of Article 8 by separating him from his spouse or fiancee -- I use both of those terms since he went through a religious but not a civil ceremony -- is wholly without merit. There is no basis upon which the claimant should be allowed to jump the queue by not making an application for entry clearance on his return to Greece. That is the position as has recently been confirmed by the Court of Appeal in the case of a Turkish national removed to Germany pursuant to the European Convention in Ekinci v The Secretary of State for the Home Department [2003] EWCA 765.

In those circumstances, perhaps not surprisingly, the claimant failed to appear today, giving no explanation in the facts which I have seen. In those circumstances, his application is dismissed.

MISS STERN: I am very grateful, my Lord.