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Reported Case

Sehwerert, R (on the application of) v Entry Clearance Officer & Ors [2015] EWCA Civ 1141 (10 November 2015)

Date: 10/11/2015
Duncan Lewis, Reported Case Solicitors, Sehwerert, R (on the application of) v Entry Clearance Officer & Ors [2015] EWCA Civ 1141

In the Court of Appeal (Civil Division) - On Appeal from the Upper Tribunal - Immigration and Asylum Chamber

Case reported in the Morning Star Newspaper

The appellant is one of five Cuban nationals, known as the "Cuban Five", who were convicted in the United States of America in June 2001 on charges relating to their activities as intelligence agents for the Cuban government. The appellant himself was sentenced to 15 years' imprisonment, which he has now served. Serious concerns have been expressed over many years by international human rights organisations, among others, about the convictions and sentences imposed and especially about the fairness of the trial. In 2014 a group of UK parliamentarians invited the appellant to meet with them in the Palace of Westminster to discuss the case. The appellant applied for entry clearance to visit the United Kingdom for that meeting, but the application was refused pursuant to paragraph 320(2) of the Immigration Rules by reason of his conviction and sentence. The refusal has been maintained in the course of the present proceedings. The issue in the proceedings is whether the refusal of entry clearance is lawful; in particular whether it is compatible with article 10 of the European Convention on Human Rights.

Much of the legal framework for consideration of the case is provided by the decision of the Supreme Court in R (Lord Carlile of Berriew and Others) v Secretary of State for the Home Department [2014] UKSC 60, [2015] AC 945, which also concerned a refusal of entry into the United Kingdom to take up an invitation from a group of UK parliamentarians to attend meetings with them in the Palace of Westminster. There are, however, important differences in the circumstances of the two cases which mean that the result in the present case is not dictated by the outcome in Lord Carlile of Berriew.


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