The claimants appealed against a refusal of their request for judicial review of the Secretary of State’s decision not to grant them exceptional leave to remain in the United Kingdom. If returned to Poland the daughter of the family would face educational difficulties.
Held: The case presented at first instance had been factually incorrect. Everyone is entitled to be educated to a minimum standard: if the right was to have any content it should at least encompass the provision of an effective education.
Judges:
Schiemann, Tuckey LJJ, Sir Swinton Thomas
Citations:
[2000] EWCA Civ 343, [2001] 1 WLR 1359, [2001] ELR 401, [2001] Imm AR 282, [2001] INLR 219
Links:
Statutes:
European Convention on Human Rights A2P1
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Cited – Ali v Head Teacher and Governors of Lord Grey School HL 22-Mar-2006
The claimant had been accused with others of arson to school property. He was suspended for the maximum forty five day period. The school then invited the family to discuss arrangements to return to the school, but the family did not attend. After . .
Cited – A v Essex County Council SC 14-Jul-2010
The claimant, a severely disabled child sought damages, saying that for well over a year, the local authority had made no provision for his education.
Held: His appeal against the striking out of his action failed. The correct approach had . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Education, Immigration
Updated: 31 May 2022; Ref: scu.147376
