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

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

The combination of the Claimant's unique circumstances, the imminent withdrawal of all non-military support on Diego Garcia due to security risks, and the absence of a coherent plan for his continued care and safety, render the government's decision irrational and unlawful. The threshold for a particularly strong case is met, and the balance of convenience favours granting interim relief to facilitate the Claimant's transfer off Diego Garcia, specifically to the Maldives as a third country solution, with liberty to apply if that arrangement fails.

Parties
Claimant: KP; First Defendant: Secretary of State for the Home Department; Second Defendant: Secretary of State for Foreign and Commonwealth Affairs
Jurisdiction
England and Wales
Judgment Date
27 March 2026
Procedural Posture
Judicial Review / Interim Relief Application (ex Parte, Urgent)
Outcome
Interim relief granted (conditional on Maldives transfer)
Legal Topics
Interim Relief, Mandatory Injunction, Removal of Migrant, Judicial Review, Balance of Convenience, Rationality of Executive Decision, International Protection
Public Law Immigration Law Human Rights Law Interim Relief Mandatory Injunction Removal of Migrant Judicial Review Balance of Convenience +2 more

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Parties

KP

Claimant

Secretary of State for the Home Department

First Defendant

Secretary of State for Foreign and Commonwealth Affairs

Second Defendant

Procedural Posture

Judicial Review / Interim Relief Application (ex Parte, Urgent)

Legal Issues

  1. 1 Whether the Claimant is entitled to mandatory interim relief to compel the Secretary of State to permit his departure from Diego Garcia and admission to the UK or a third country
  2. 2 Whether the Defendant's decision-making process regarding the Claimant's removal is rational and lawful in light of the security situation and withdrawal of support staff
  3. 3 Whether the balance of convenience favours granting interim relief

Ratio Decidendi

The combination of the Claimant's unique circumstances, the imminent withdrawal of all non-military support on Diego Garcia due to security risks, and the absence of a coherent plan for his continued care and safety, render the government's decision irrational and unlawful. The threshold for a particularly strong case is met, and the balance of convenience favours granting interim relief to facilitate the Claimant's transfer off Diego Garcia, specifically to the Maldives as a third country solution, with liberty to apply if that arrangement fails.

Court Disposition

Interim relief granted (conditional on Maldives transfer)

Orders

  • Order to facilitate the Claimant's departure from Diego Garcia on the chartered flight, with transfer to the Maldives for 30 days as agreed.
  • Liberty to apply for further relief if the Maldives arrangement fails or circumstances change.