Carnwath LJ said of the ‘near-miss’ argument: ‘This argument is, in my view, based on a misconception. The Secretary of State is of course entitled to have a policy. The promulgation of the policy normally creates a legitimate expectation that it will be applied to those falling within its scope unless there is good reason for making an exception. So much is trite law. It is also trite law that the existence of the policy does not excuse the decision-maker from due consideration of cases falling outside it. However, the law knows no ‘near-miss’ principle. There is no presumption that those falling just outside the policy should be treated as though they were within it, or given special consideration for that reason.’
Judges:
Carnwath, Wall LJJ, Sir Peter Gibson
Citations:
[2007] EWCA Civ 1326
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – AL (Serbia) v Secretary of State for the Home Department; Rudi v Same HL 25-Jun-2008
Each claimant had arrived here with their parents, and stayed for several years. They were excluded from the scheme allowing families who had been here more than three years to stay here, because they had attained 18 and were no longer dependant on . .
Cited – Patel and Others v Secretary of State for The Home Department SC 20-Nov-2013
The court was asked as to the respective duties of the Secretary of State and the First-tier Tribunal, on an appeal against refusal of an application to vary leave to enter or remain under the Immigration Act 1971, and more particularly as to the . .
Lists of cited by and citing cases may be incomplete.
Immigration, Children
Updated: 12 July 2022; Ref: scu.262162
