Sara Anzani, a senior practitioner in Chambers’ Immigration and Public Law team, has obtained a stay on removal for her client, who was due to be removed to Tirana this week.
Upper Tribunal Judge Bruce, finding that the balance of convenience lay in granting a stay, observed that the SSHD’s decision to certify the Applicant’s claim under s94(1) Nationality Immigration and Asylum Act 2002 was taken on the 21 May 2024, but had not been served until 18 July 2021. Judge Bruce concluded that if the decision had been served promptly, the Applicant would have had sufficient time to pursue a judicial review challenge before removal directions were set. Instead, the late service of the decision left the Applicant with a very limited window to initiate his claim.
The Applicant’s judicial review challenge against the certification decision remains pending.
Sara is instructed by ABN Solicitors.
Related barristers: Sara Anzani
Related practice areas: Immigration and Public Law