Pepushi, R (on the application of) v Crown Prosecution Service, Court of Appeal - Administrative Court, May 11, 2004, [2004] EWHC 798 (Admin)

Reporting Judge: [2004] EWHC 798 (Admin)

President: Pepushi, R (on the application of) v Crown Prosecution Service

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Pepushi, R (on the application of) v Crown Prosecution Service, Court of Appeal - Administrative Court, May 11, 2004, [2004] EWHC 798 (Admin)

Case No: CO 808/2004

Neutral Citation Number: [2004] EWHC 798 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand,

London, WC2A 2LL

Tuesday 11th May 2004

Before :

LORD JUSTICE THOMAS

AND

MR JUSTICE SILBER

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Between :

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(Transcript of the Handed Down Judgment of

Smith Bernal Wordwave Limited, 190 Fleet Street

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Andrew Nicol QC and John Walsh (instructed by J.R. Hobbs) for the Claimant

David Perry and Simon Ray (instructed by the Crown Prosecution Service) for the Defendant

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Judgment

As Approved by the Court

Lord Justice Thomas:

1. This application (on which this judgment is the judgment of the Court) raises two points of principle:

i) Whether the enactment of s.31 of the Immigration and Asylum Act 1999 (the 1999 Act) leaves any scope for reliance on Article 31 of the Convention relating to the Status of Refugees (the Convention) in the manner decided by this Court in R v. Uxbridge Magistrates' Court and another, ex parte Adimi [1999] EWHC Admin 765, [2001] QB 667.

ii) Whether this application before this Court is the proper means and forum in which to raise the issue in the criminal proceedings brought against the claimant.

The factual background

2. The facts can be briefly stated.

i) The claimant, a national of the former Yugoslavia, was stopped by Immigration Officers at Heathrow Airport on 7 January 2004 when attempting to board an Air Canada flight for Canada using a false Swedish passport. He was arrested.

ii) On 8 January 2004 he was interviewed. During the interview he stated that he was...

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