The claimant had sought housing from the appellant. It had taken the view that her application for indefinite leave to remain would be refused and had rejected her application. The court had found it improper of the council to prejudge the decision of the immigration authorities. The council appealed.
Held: The appeal failed. Except only in hopeless or abusive cases, the council were neither entitled nor required to make such a judgment. Hers was not such a case.
The questions they were to answer in making the housing decision did not include many of the criteria for assessment by the Secretary of State making his decision.
Judges:
Dyson, Etherton LJJ, Sir Scott Baker
Citations:
[2010] EWCA Civ 460, [2010] WLR (D) 109
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
England and Wales
Human Rights, Immigration, Housing
Updated: 17 August 2022; Ref: scu.408779