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Xuereb, R (on the application of) v Immigration Officer, Court of Appeal - Administrative Court, May 26, 2000, [2000] EWHC Admin 352

Case no: co/2355/1999

IN THE SUPREME COURT OF JUDICATURE
QUEENS BENCH DIVISION
CROWM OFFICE

Royal Courts of justice
Strand, London, wc2a 2ll

Friday 26 May 2000
Before:

his hon MR JUSTICE Turner

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THE QUEEN
-v-
AN IMMIGRATION OFFICER

Ex parte JOHN XUEREB


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(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 180 Fleet Street
London EC4A 2HD
Tel No: 0171 421 4040 0171 421 4040, Fax No: 0171 831 8838
Official Shorthand Writers to the Court)
____________________
Mr Steven kovats (instructed by Treasury Solicitors for the 1st Respondent)
Miss stephanie harrison (instructed by Gill & Co for the Applicant)
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Judgment
As Approved by the Court
Crown Copyright ©






Mr Justice TURNER :
Introduction
1. This is an application for judicial review of the decision of an immigration officer dated 28 May 1999, by which he refused to grant the applicant exceptional leave to enter or remain in the United Kingdom and enforced his removal to Malta.

History
2. On arrival in the United Kingdom from Malta on 12 December 1997, the applicant had applied for asylum, he provided various disconnected reasons for his application. His asylum application was refused on 29 January 1998. On 12 February, the immigration officer refused leave for the applicant to enter the United Kingdom. He was detained. Sometime after his detention in HMP Rochester, the applicant was seen by a psychiatrist and diagnosed as suffering from acutely psychotic symptoms with marked paranoid delusions.

3. On the same day as he decided to refuse to grant leave to enter, the Secretary of State for the Home Department certified the asylum application under the provisions of paragraph 5(4)(b) of Schedule 2 to the Asylum and Immigration Appeals Act 1993. The applicant appealed against the decision refusing his asylum application. On 19 February 1998, the applicant was transferred to a psychiatric hospital under the provisions of sections 48 and 49 of the Mental Health Act 1983 (the Act of 1983). On investigation of the Maltese authorities, it transpired that the applicant had been admitted to a psychiatric hospital in Malta in 1994, "but had subsequently lapsed psychiatric follow up".
4. On 18 September 1998, the applicant's asylum appeal was dismissed. The special adjudicator found that the removal of the applicant to Malta, with the accompanying risk that his mental health would deteriorate in consequence, would amount to inhuman or degrading treatment within Article 3 of the European Convention on Human Rights (ECHR) and recommended that...
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