Immigration Solicitors

A mother of four children is alleging she has been left stranded in Pakistan after immigration officials in Islamabad stopped her from leaving the country to return to the UK.

The unnamed woman says her husband is using “various trick and devices” –
she is currently involved in litigation with the children’s father in the Family Division of the Court.

High Court Judge Mrs Justice Theis asked immigration officials in May to facilitate the woman’s return to the UK, but immigration officials in Islamabad blocked her leaving Pakistan in August.

Details of the case have been revealed in a written judgment by High Court Judge Mr Justice Holman, after private hearings of the case in the Family Division of the High Court.

The woman is trying to return to Blackburn in Lancashire to be reunited with her children.

In his written judgment Mr Justice Holman said, however:

“Immigration control is entrusted to the Secretary of State for the Home Department and is the subject, of course, of very detailed regulation by complex statutes and immigration rules.

“It is not for me in these proceedings to express any view whatsoever – nor do I so – as to whether that decision by the entry clearance officer or any other decisions of the Secretary of State by her officials are lawful or unlawful, justifiable or unjustifiable, right or wrong.

“It is very firmly established, indeed – and is in fact an important constitutional principle – that the High Court in the exercise of its inherent ... jurisdictions in relation to children does not trespass into or interfere with the decision-making powers and duties of the Secretary of State for the Home Department in relation to immigration matters.

“The position that now obtains is that – notwithstanding those earlier orders of this court and the opinions and requests contained in them – the Secretary of State appears currently to have reached a firm decision not to permit the mother to enter the United Kingdom.

“The reasons for that decision are given clearly in the Notice of Immigration Decision made by the entry clearance officer."

Mr Justice Holman said, however, that investigations in the welfare of the woman’s children would be needed – but ruled out an investigation of the mother’s allegations about the children’s father, because the mother would have to give evidence by video link to Pakistan, as she would not be able to be present in court in the UK.

“It is impractical, because in my experience attempts to have fact-finding hearings by video link or similar connections to Pakistan almost invariably break down with technical failures – and break down and degenerate almost into farce," he added.

Duncan Lewis Immigration Solicitors

Duncan Lewis is a leading firm of immigration solicitors and can advise on a wide range of immigration issues, including immigration, asylum, right to work in the UK, citizenship, marriage in the UK, detention and illegal entry to the UK and student visas.

Duncan Lewis is also a leading Legal Aid solicitor and advises on immigration and asylum appeals.

For expert advice on UK immigration and asylum law, contact Duncan Lewis immigration solicitors on 020 7923 4020.