Home Office Decision to Bar UK Entry Overturned

Abdoulie Jobe from Walsall lost his UK residence permit while on holiday in Gambia – on his return, he was denied entry to the country and held at Paris Charles de Gaulle Airport for two weeks. Consultant immigration solicitor, Sajib Hosen, successfully challenged the Home Office ruling, enabling Abdoulie to return to the UK.

The challenge

Despite following Home Office procedure and reporting that he had lost his biometric residence permit (BRP), the client was barred entry to the UK on arrival at Paris. Abdoulie was also unable to enter France, so he was continually held at the airport where he was stranded indefinitely.

Throughout his two weeks at the airport, Abdoulie struggled to get basic necessities from the French authorities and was at risk of losing his job. Having become increasingly concerned about his situation, Abdoulie contacted national law firm Richard Nelson LLP.

The solution

Understanding the urgency of the case, Sajib prepared a detailed  Judicial review for the client while also making an urgent application to the court requesting the judge to provide the client interim relief. The judge presiding the case accepted the client’s request for urgency and requested the Home Office’s position on the case.

The Home Office initially responded by stating that an exception would be made, and that a BRP replacement card would be issued for the client within the next 24 to 48 hours. This would be delivered to the Richard Nelson LLP office. Sajib volunteered to fly to Paris to personally hand over the client his BRP card so that he could enter the UK. Alternatively, he would pass the card to a family member who would then help the client reach home. 

However, Richard Nelson LLP received a response from the Home Office the next day stating that the BRP could not be issued due to ‘Technical Difficulties,’ which was extremely frustrating for ourselves and our client. The Home Office then stated that they would provide the BRP card the following week – a promise which was once again not met.

The client was being threatened by the French authorities that he would be deported to Gambia if he did not leave France. Abdoulie fell ill due to low blood pressure and was admitted to the Paris airport hospital. Sajib prepared and issued a letter to the French authorities explaining the client’s position to prevent deportation.

The team also identified a flaw in the Home Office’s policy: if a client lost their BRP card outside the UK, they could apply for a BRP replacement visa; if they were in the UK, they could apply for a BRP card. However, the client was stuck in transit and although he applied for a BRP replacement visa, he could not provide his biometric information to be issued with one.

The outcome

Finally, the Home Office emailed stating that Border Force would allow the client to travel on an exceptional basis and would conduct additional checks on the client to verify his immigration status. Abdoulie returned to the UK after being held in the French capital for 14 days and was reunited with his family. 

This case attracted significant attention in the UK, and was discussed in the national press including the Mirror and the Express & Star.

If you require legal support with any matter in relation to entering or settling in the UK, don’t hesitate to contact our immigration solicitors.