KBL (R on the application of) v SECRETARY OF STATE FOR THE HOME DEPARTMENT & Ors

KBL (R on the application of) v SECRETARY OF STATE FOR THE HOME DEPARTMENT & Ors

The court held that certain requests for further information by KBL were reasonably necessary and proportionate to enable her to pursue her claim, particularly regarding the treatment of relevant comparators and the criteria used for selection under ARAP and LOTR. The Defendants were ordered to provide anonymised details and explanations where the information was within their knowledge and possession and could not otherwise be obtained by KBL. Other requests were refused as being too wide, irrelevant, or already answered.

Parties
Claimant: KBL; First Defendant: Secretary of State for the Home Department; Second Defendant: Secretary of State for Foreign, Commonwealth and Development Affairs; Third Defendant: Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
17 June 2022
Procedural Posture
Judicial Review / Application for Further Information Under CPR Part 18
Outcome
Partially allowed
Legal Topics
Judicial Review, Duty of Candour, Leave Outside the Rules (lotr), Afghan Relocation and Assistance Policy (arap), Afghan Citizens Resettlement Scheme (acrs), Comparative Treatment, Disclosure of Information
Administrative Law Immigration Law Human Rights Law Judicial Review Duty of Candour Leave Outside the Rules (lotr) Afghan Relocation and Assistance Policy (arap) Afghan Citizens Resettlement Scheme (acrs) +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

KBL

Claimant

Secretary of State for the Home Department

First Defendant

Secretary of State for Foreign, Commonwealth and Development Affairs

Second Defendant

Secretary of State for Defence

Third Defendant

Procedural Posture

Judicial Review / Application for Further Information Under CPR Part 18

Legal Issues

  1. 1 Whether the Defendants unlawfully and irrationally refused to accept and consider KBL's LOTR application as valid
  2. 2 Whether there was inconsistency and arbitrariness in the treatment of similarly situated individuals under ARAP and LOTR
  3. 3 Whether the Defendants failed in their duty of candour in relation to disclosure of information relevant to comparators and decision-making

Ratio Decidendi

The court held that certain requests for further information by KBL were reasonably necessary and proportionate to enable her to pursue her claim, particularly regarding the treatment of relevant comparators and the criteria used for selection under ARAP and LOTR. The Defendants were ordered to provide anonymised details and explanations where the information was within their knowledge and possession and could not otherwise be obtained by KBL. Other requests were refused as being too wide, irrelevant, or already answered.

Court Disposition

Partially allowed

Orders

  • Defendants to respond to specified outstanding questions within 14 days, providing anonymised details and explanations as ordered.
  • Other requests for further information refused as not reasonably necessary, disproportionate, or already answered.