A, R (on the application of) v Secretary of State for the Home Department

A, R (on the application of) v Secretary of State for the Home Department

The delay in deciding Mrs A's application, though significant, was not so extreme as to amount to a national disgrace or system breakdown, nor did it render the refusal to allow her to remain a disproportionate interference with her Article 8 rights. The case did not fall within the very small minority where the public interest in immigration control is outweighed. The appeal was allowed and the order quashing the Secretary of State's decision was set aside.

Parties
Claimant/respondent: R (Mrs A); Respondent/applicant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
04 July 2007
Procedural Posture
Judicial Review (immigration/administrative) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Delay in Immigration Decision Making, Article 8 ECHR (right to Family Life), Judicial Review Standards, Proportionality in Immigration Control
Immigration Law Human Rights Law Administrative Law Delay in Immigration Decision Making Article 8 ECHR (right to Family Life) Judicial Review Standards Proportionality in Immigration Control

Case Brief

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Parties

R (Mrs A)

Claimant/respondent

Secretary of State for the Home Department

Respondent/applicant

Procedural Posture

Judicial Review (immigration/administrative) / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether the delay by the Secretary of State in deciding Mrs A's application rendered removal disproportionate under Article 8 ECHR
  2. 2 Whether the delay was so inordinate as to justify departure from normal immigration rules
  3. 3 Whether the refusal to allow Mrs A to remain breached her right to family life

Ratio Decidendi

The delay in deciding Mrs A's application, though significant, was not so extreme as to amount to a national disgrace or system breakdown, nor did it render the refusal to allow her to remain a disproportionate interference with her Article 8 rights. The case did not fall within the very small minority where the public interest in immigration control is outweighed. The appeal was allowed and the order quashing the Secretary of State's decision was set aside.

Court Disposition

Appeal allowed

Orders

  • Order of Collins J quashing the Secretary of State's decision set aside
  • No further relief granted to Mrs A