FORTY-FIFTH REPORT
FROM THE
APPEAL COMMITTEE
24TH OCTOBER
2005
ORDERED
TO
REPORT
1. The petition of Gzim Januzi praying for leave
to appeal was presented and referred to an Appeal Committee on
12 January 2004.
2. On 7 July 2004 the Appeal Committee in its 56th
Report refused leave to appeal because the petition raised the
same point of law as another appeal then pending in the House,
namely, AE (FC) and another (Appellants) v. Secretary of State
for the Home Department (Respondent). The Secretary of State
for the Home Department undertook not to seek to remove Mr Januzi
from the United Kingdom before the judgment in AE and to
consider the Januzi case in the light of that judgment.
3. In the event, the case of AE was settled
and withdrawn before it reached the Appellate Committee. Mr Januzi
therefore seeks to restore his petition for leave to appeal.
RECOMMENDATION
4. The Appeal Committee has decided that in these
circumstances it would be right to vacate the Order made on 7
July 2004 refusing leave to appeal, and recommends that leave
to appeal should now be given.
The Committee was attended by:
| Lord Bingham of Cornhill
|
| Lord Hope of Craighead |
| Lord Carswell |
| 
