A FAMILY who used human rights laws to stay in Guernsey are set to get their way. The Housing Department settled a Royal Court appeal out of court after just a day of a scheduled two-day hearing.
It now seems inevitable that Stephen and Gisela Hargreaves and their two teenage children will get a licence to allow them to stay permanently.
The family, who were on holiday and not present in court, were not aware of the overnight deal struck between Crown Advocate Richard McMahon and their advocate, Peter Ferbrache.
‘I would expect the terms that are proposed on behalf of the Housing Department to be accepted by my client. The chances of them not being accepted are very slim,’ Advocate Ferbrache told the court.
He expected that a consent order would go before Lt-Bailiff Richard Southwell for consideration.
The terms of the deal have not been disclosed but it is almost certain to involve extending Mr Hargreaves’ licence to 15 years or an equivalent measure which would give the family full residential status.
The family moved to Guernsey in 1996.
Mr Hargreaves works as a quantity surveyor in construction and his wife is a teacher at St Andrew’s School.
Settlement followed an eventful day in court, where the defence sat through the Hargreaves’ submissions and then requested an adjournment to provide further evidence on why the most recent application was rejected by the department.
But this was refused by
Mr Southwell.
He said that Housing had had months to establish the necessary evidence proving why it turned down the application.
The department has so far declined to comment on the Hargreaves case and its possible implications.
But the use of the human rights law to overturn housing licence decisions could result in a string of similar appeals.
Advocate Ferbrache said: ‘It’s likely that the European Convention will feature significantly in any appeal made by anyone for a housing licence.’
Article posted on 9th April, 2007 - 12.00am
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