The Court considered the guidance given to UK Border Agency case workers when considering document submitted by persons applying for leave to enter or stay in the UK as foreign students. M had applied to study here, but had not accompanied his application with evidence of his financial means. He said that the application should not have been rejected out of hand, but considered under the Flexibility Policy. Given that chance he would have been able to supply the information needed.
Held: The agency’s refusal of Mr Mandalia’s application was unlawful because, properly interpreted, the process instruction obliged it first to have invited him to repair the deficit in his evidence.
Lord Wilson of Culworth said that the court is the final arbiter of what a policy means.
Lady Hale, Deputy President, Lord Clarke, Lord Wilson, Lord Reed, Lord Hughes
UKSC 2014/0059, [2015] UKSC 59, [2016] INLR 184, [2015] 1 WLR 4546, [2015] WLR(D) 414, [2016] Imm AR 180, [2016] 4 All ER 189
SC, Bailii, Bailii Summary, WLRD, SC Summary
England and Wales
Citing:
At UTAA – Rodriguez (Flexibility Policy) UTIAC 31-Jan-2013
UTIAC Since August 2009 UKBA has operated a policy relating to the processing and determination of applications under the Points Based System (‘PBS’). This was revised with effect from May 2011. In its policy . .
Appeal from – Secretary of State for The Home Department v Rodriguez CA 20-Jan-2014
The applicants each sought entry under the points based system tostudy. They failed to accompany the applications with the necessary evidence of financial means, though that could have been supplied. The applications were rejected, and the . .
Cited – Ahmadi (S47 Decision: Validity; Sapkota) Afghanistan UTIAC 14-May-2012
UTIAC (1) A removal decision under s. 47 of the Immigration, Asylum and Nationality Act 2006 cannot be made in respect of a person until written notice of the decision to refuse to vary that person’s leave to . .
Cited – Secretary of State for The Home Department v Ahmadi CA 9-May-2013
. .
Cited – AA (Afghanistan) v Secretary of State for the Home Department CA 29-Jan-2007
The asylum claimant had said that he was a minor when his case was first considered, but to the IAT said that at the time of that hearing any error was no longer material since he had now attained 18.
Held: A court should be very reluctant to . .
Cited – Alam and Others v Secretary of State for The Home Department CA 13-Jul-2012
. .
Cited – WL (Congo) and Another, Regina (on the application of) v Secretary of State for the Home Department CA 19-Feb-2010
. .
Cited – Pokhriyal v The Secretary of State for The Home Department CA 5-Dec-2013
Appeals by foreign students agaonst rejection of requests for entry to pursue further studies
Jackson LJ observed of the Pointe Based System Rules that they had ‘now achieved a degree of complexity which even the Byzantine emperors would have . .
Cited – Regina v Secretary of State for the Home Department ex parte Gangadeen and Another; Regina v Same ex parte Khan CA 12-Dec-1997
Home Secretary need not always follow own extra statutory concession if reasons given; parent deported though child had residence right.
Home Secretary need not always follow own extra statutory concession if reasons given; parent deported . .
Cited – Gu v Secretary of State for The Home Department Admn 20-May-2014
Foskett J held: ‘something cannot be ‘missing’ from a sequence until the sequence itself exists. To my mind that means that at least the start and the end of the sequence must be in evidence for the sequence to exist. Something missing from it can . .
Cited – Regina v Secretary of State for Home Department ex parte Gangadeen Admn 15-Nov-1996
The Court should not intervene in a minister’s decision in application of his own policy unless he disregarded it, or the decision was inherently irrational. . .
Cited – Kambadzi (previously referred to as SK (Zimbabwe)) v Secretary of State for The Home Department SC 25-May-2011
False Imprisonment Damages / Immigration Detention
The respondent had held the claimant in custody, but had failed to follow its own procedures. The claimant appealed against the rejection of his claim of false imprisonment. He had overstayed his immigration leave, and after convictions had served a . .
Cited – Lumba (WL) v Secretary of State for The Home Department SC 23-Mar-2011
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as . .
Cited – Regina (Nadarajah) v Secretary of State for the Home Department; Abdi v Secretary of State for the Home Department CA 22-Nov-2005
The asylum applicant challenged a certificate given by the respondent that the claim for asylum was manifestly ill-founded. The respondent had made a mistake in applying the appropriate policy, but had sought to correct the error. The claimants . .
Cited by:
Cited – Lee-Hirons v Secretary of State for Justice SC 27-Jul-2016
The appellant had been detained in a mental hospital after a conviction. Later released, he was recalled, but he was not given written reasons as required by a DoH circular. However the SS referred the recall immediately to the Tribunal. He appealed . .
Cited – Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .
Cited – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .
Lists of cited by and citing cases may be incomplete.
Immigration, Administrative
Updated: 16 January 2022; Ref: scu.553308