Dabrowski & Ors, R (On the Application Of) v Secretary of State for the Home Department

Dabrowski & Ors, R (On the Application Of) v Secretary of State for the Home Department

The Home Secretary's policy DP 5/96, as modified, is to be treated as applicable to port cases by analogy, but the applicants' circumstances did not meet the requirements of the policy due to a break in residence. The refusal to grant exceptional leave was lawfully reasoned and not open to legal challenge.

Parties
Applicant/claimant: Krystian Dabrowski; Applicant/claimant: Damian Dabrowski; Applicant/claimant: Urszula Kasparowicz; Respondent/defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
07 April 2003
Procedural Posture
Judicial Review / Appeal From Refusal of Permission for Judicial Review, Substantive Application Heard in Court of Appeal
Outcome
Application for judicial review dismissed
Legal Topics
Immigration Policy Application, Deportation and Removal, Children's Rights, Judicial Review Standards, Article 8 ECHR
Immigration Law Administrative Law Human Rights Law Immigration Policy Application Deportation and Removal Children's Rights Judicial Review Standards Article 8 ECHR

Case Brief

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Parties

Krystian Dabrowski

Applicant/claimant

Damian Dabrowski

Applicant/claimant

Urszula Kasparowicz

Applicant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From Refusal of Permission for Judicial Review, Substantive Application Heard in Court of Appeal

Legal Issues

  1. 1 Does the Home Secretary's policy DP 5/96 (as modified) apply to port cases involving children with seven or more years' residence?
  2. 2 Was the refusal to grant exceptional leave to enter or remain lawful in light of the policy and the facts of the case?

Ratio Decidendi

The Home Secretary's policy DP 5/96, as modified, is to be treated as applicable to port cases by analogy, but the applicants' circumstances did not meet the requirements of the policy due to a break in residence. The refusal to grant exceptional leave was lawfully reasoned and not open to legal challenge.

Court Disposition

Application for judicial review dismissed

Orders

  • Application refused
  • Detailed assessment of the applicants' costs