Background: Abdoulie Jobe, from West Midlands, had traveled to Gambia and had lost his BRP card in the EU channel. He was not allowed to enter the UK and was stuck in transit for over 14 days in the Paris Charles de Gaulle airport. Mr Jobe was struggling to get basic necessities from the French authorities and was at risk of losing his job. His family was also greatly affected due to his situation. He had followed Home Office procedure and had reported his BRP as lost and applied for a replacement BRP card, however, as he was stuck in transit, he was unable to provide his Biometric. He was in extreme distress and even collapsed at the airport due to low blood pressure.
Mega Issue: According to the Home Office Guidance on Bio-metric Residence Permits, the Immigration officers at the border have the discretion to allow individuals to enter the UK if they are unable to produce a BRP card on compassionate grounds. The Immigration officer can also check their database to verify client’s right to reside in the UK. Additionally, the Immigration office is also allowed to take Bio-metric details of the client at the airport. However, none of these discretion were applied in Mr Jobe’s case.
Giga Solution: Consultant Solicitor Sajib Hosen lodged an urgent Judicial Review against the Secretary of State requesting the court to order the Home Office to allow Mr Jobe to enter the UK based on the reasons stated above. The sitting judge expedited the case and as a result the Home Office granted entry clearance to him on an exceptional basis. Mr Jobe is now successfully back in the UK!