Thomas v Secretary of State for the Home Department [2015] EWCA Civ 856 (25 June 2015)

Thomas v Secretary of State for the Home Department [2015] EWCA Civ 856 (25 June 2015)

Permission to appeal is granted on both grounds: (1) the arguable error in applying post-9 July 2012 Immigration Rules to a pre-existing application, and (2) the arguable unlawfulness of imposing a 'no recourse to public funds' condition without Parliamentary procedure, given conflicting tribunal authority and the...

Source-derived case information.

Citation
[2015] EWCA Civ 856
Parties
Applicant/claimant: Oswald Washington Thomas; Respondent/defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 June 2015
Procedural Posture
Appeal From Upper Tribunal (immigration and Asylum Chamber) / Permission to Appeal Application in Court of Appeal
Outcome
Permission to appeal granted on both grounds.
Legal Topics
Judicial Review, Leave to Remain, Immigration Rules, Article 8 ECHR, No Recourse to Public Funds, Retrospective Application of Rules
Immigration Law Administrative Law Judicial Review Leave to Remain Immigration Rules Article 8 ECHR No Recourse to Public Funds Retrospective Application of Rules

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Summary, issues, holding and outcome

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Parties

Oswald Washington Thomas

Applicant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Appeal From Upper Tribunal (immigration and Asylum Chamber) / Permission to Appeal Application in Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State could apply Immigration Rules effective from 9 July 2012 to an application made before that date
  2. 2 Whether imposing a 'no recourse to public funds' condition on leave granted outside the Rules is unlawful under the Alvi principle

Ratio Decidendi

Permission to appeal is granted on both grounds: (1) the arguable error in applying post-9 July 2012 Immigration Rules to a pre-existing application, and (2) the arguable unlawfulness of imposing a 'no recourse to public funds' condition without Parliamentary procedure, given conflicting tribunal authority and the Alvi principle.

Court Disposition

Permission to appeal granted on both grounds.

Orders

  • Case to be heard by a three-judge court, including a judge with significant immigration law experience.
  • Time estimate for hearing is half a day.