JB (Ghana), R (on the application of) v The Secretary of State for the Home Department

JB (Ghana), R (on the application of) v The Secretary of State for the Home Department

The statutory guidance in force between March and August 2020, on its plain and objective reading, entitled JB and others in his position to a total of £65 per week in financial support, regardless of whether they were in catered or self-catered accommodation. There was no ambiguity or obvious drafting error justifying a different interpretation or the reading in of additional words. The High Court judge's interpretation was correct, and the Secretary of State's appeal is dismissed.

Parties
Claimant/respondent: JB (Ghana); Defendant/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 October 2022
Procedural Posture
Judicial Review Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Interpretation of Policy Documents, Asylum Support, Modern Slavery, Statutory Guidance, Judicial Review
Administrative Law Immigration Law Human Rights Interpretation of Policy Documents Asylum Support Modern Slavery Statutory Guidance Judicial Review

Case Brief

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Parties

JB (Ghana)

Claimant/respondent

Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Judicial Review Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether paragraph 15.37 of the March 2020 Modern Slavery Act statutory guidance entitled the claimant to a total of £65 per week in financial support, regardless of accommodation type, for the relevant period.
  2. 2 Whether the High Court judge erred in law by interpreting the policy without due regard to its purpose and context.

Ratio Decidendi

The statutory guidance in force between March and August 2020, on its plain and objective reading, entitled JB and others in his position to a total of £65 per week in financial support, regardless of whether they were in catered or self-catered accommodation. There was no ambiguity or obvious drafting error justifying a different interpretation or the reading in of additional words. The High Court judge's interpretation was correct, and the Secretary of State's appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the High Court judgment stands.