Shahid, R (on the application of) v Secretary Of State For Home Department [2004] EWCA Civ 867 (20 May 2004)

Shahid, R (on the application of) v Secretary Of State For Home Department [2004] EWCA Civ 867 (20 May 2004)

It is arguable that the Secretary of State failed to consider the applicant's individual circumstances and applied a blanket policy, and that prolonged uncertainty regarding immigration status may itself breach Article 8 ECHR. Therefore, permission to apply for judicial review should be granted.

Citation
[2004] EWCA Civ 867
Parties
Claimant/applicant: Islam Shahid; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
20 May 2004
Procedural Posture
Judicial Review / Application for Permission to Appeal Against Refusal of Permission to Apply for Judicial Review
Outcome
Permission to apply for judicial review granted
Legal Topics
Indefinite Leave to Remain, Article 8 ECHR, Discretionary Leave, Judicial Review, Policy Application
Immigration Law Human Rights Law Administrative Law Indefinite Leave to Remain Article 8 ECHR Discretionary Leave Judicial Review Policy Application

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Parties

Islam Shahid

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal Against Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the refusal to grant indefinite leave to remain was unreasonable in light of the applicant's circumstances
  2. 2 Whether the Secretary of State fettered discretion by rigidly applying policy without regard to individual circumstances
  3. 3 Whether prolonged uncertainty regarding immigration status amounts to a breach of Article 8 ECHR

Ratio Decidendi

It is arguable that the Secretary of State failed to consider the applicant's individual circumstances and applied a blanket policy, and that prolonged uncertainty regarding immigration status may itself breach Article 8 ECHR. Therefore, permission to apply for judicial review should be granted.

Court Disposition

Permission to apply for judicial review granted

Orders

  • Application for permission to appeal allowed
  • Permission to apply for judicial review granted pursuant to CPR 52.15