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Kenworthy's Chambers

John Nicholson Gains £1000 “Wasted Costs” Order Against the Home Office

by Kenworthy's Chambers 06/11/2018

Kenworthy's Barrister John Nicholson has gained a "wasted costs" order of £1000 against the Home Office. This is a joint outcome resulting from the team efforts of Greater Manchester Immigration Aid Unit and Kenworthy's Immigration Team; Gita Patel, Shazia Khan and George Brown, who have been involved for over 18 months in seeking to win this appeal.

The costs arise specifically from the Home Office's "unreasonable" behaviour in refusing and delaying, through the course of 13 tribunal hearings, to grant leave to remain to the appellant, a young mother with a child now aged 10 years of age. The appellant had been accepted by the Home Office to be a victim of modern slavery and her daughter, who was born in the UK and is now 10 ½, has just received her British citizenship from the Home Office; following a continuation of refusals for leave to remain from another arm of the (same) Home Office.

"This is a victory for common sense. The trouble is that this young mother and her child have had to wait all this time, living in anxiety, unsure of their future - when the Home Office could and should have decided in their favour all this time. Sadly, she won't get any of the money. Sadly, also hers is not the only case facing this obstructive obstinacy on the part of the Home Office and (some of) its individual officials." Said John Nicholson.