This claim concerns a judicial review challenge by a Namibian national who entered the UK in 2006, overstayed her leave, thereafter committed several criminal offences and is subject to deportation. The issues are whether the Defendant’s refusal to treat the Claimant’s various sets of further submissions as fresh claims within the meaning of paragraph 353 of the Immigration was unlawful and whether the Defendant unlawfully detained the Claimant under the Immigration Act 1971. The fresh claim was based on Article 8 of the European Convention on Human Rights in relations to the relationship between the Claimant and her daughter, a British Citizen child.
Citation: MG, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 31 (Admin)