Chengetai Mupara successfully represented a Nigerian national who was unlawfully removed from the UK in December 2013 after his application for leave to remain under the 20 year rule was unlawfully certified. The client had lived in the UK for 31 years and made several applications to the Home Office. The Home Office lost all of his data. Efforts to track the documents from the previous solicitor proved fruitless. The client was out of the UK and without money and Legal Aid was refused.
Chengetai accepted instructions under public access and represented the client in three judicial reviews and an appeal.
The Home Office conceded one judicial review and the other two applications were rendered academic after the SSHD provided the remedy sought by the client. The FTT appeal was heard in the client’s absence in February 2017 after the Home Office refused to allow the client to return to the UK to give evidence at his in-country appeal. The appeal was allowed on Article 8 grounds. It took 18 months for the BRP to be issued. At one point the Home Office even refused to issue a BRP despite the fact that the FTT had allowed his appeal.
The client was eventually allowed to return to the UK in June 2018 and received his Residence Permit on 18 September 2018.