Legal News

A man who came to the UK from India as an illegal immigrant nearly 20 years ago has lost the latest round of his appeal to remain in the UK.

The man arrived in the UK in 1997 and claimed asylum. However, his asylum application was refused and the Home Office served him with formal notification that he was liable to be removed if he did not leave the UK.

However, he did not leave – but met a partner and had a family in the UK. He bought a house in Britain – and went on to work as a lorry driver and in construction.

The High Court heard that it had taken immigration officials at the Home Office more than six years to deal with his case and his application for indefinite leave to remain in the UK.

However, at the High Court in London, three Appeal Court judges dismissed the man’s latest appeal to remain in the UK.

Known only as Mr Singh in court, he had claimed that deporting him from the UK back to India would breach his right to a family life under Article 8 of the European Convention on Human Rights – known as the Human Rights Act in the UK. In March 2006, Mr Singh had applied for indefinite leave to remain in the UK, based on an immigration provision known as the 10 years' continuous lawful residence provision.

However, the Appeal Court ruled that he had been in the country illegally since his arrival in 1997.

Details of the case have emerged in a written ruling by Lord Justice Underhill, who said:

“Mr Singh is aged 40 and is an Indian national. He came to this country on 15 June 1997 when he was 22 and claimed asylum.

“His claim was refused and on 1 November 1997 he was served with formal notification that he was liable to be removed. He has remained here illegally ever since.”

It was revealed that after Mr Singh applied for indefinite leave to remain in March 2006, immigration officials at the UK Border Agency did not deal with his case until October 2012. Mr Singh’s application was refused at that stage, as he had not lived lawfully in the UK for ten years.

He launched an appeal which but was dismissed. He then launched another appeal, but dismissed by a panel of judges in the Appeal Court in November 2014.

The written ruling on the Appeal Court decision by Lady Justice Arden, Lord Justice Lewison and Lord Justice Underhill was released after the hearing.

The ruling also revealed that Mr Singh’s partner had overstayed her UK traveller’s visa when they met and started a family together. She had appealed for leave to remain in the UK, but her appeal was dismissed by an immigration tribunal in January 2013.

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