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 claimant had not made a valid application for Leave Outside the Rules (LOTR) because she used the ARAP application form rather than the required online visa application form. The Secretary of State was entitled to refuse to accept the application as valid, and the resulting inability to provide biometrics was a consequence of this. The claimant's circumstances did not engage the procedural unfairness found in previous cases, as she was able to travel to Pakistan to provide biometrics. The policies and criteria applicable after Operation Pitting were correctly applied, and no legitimate expectation or procedural unfairness arose from the published guidance. The claim for judicial...

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
23 January 2023
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review, Legitimate Expectation, Procedural Fairness, Immigration Policy, Leave Outside the Rules (lotr), Afghan Resettlement Schemes
Public Law Immigration Law Administrative Law Judicial Review Legitimate Expectation Procedural Fairness Immigration Policy Leave Outside the Rules (lotr) +1 more

Case Brief

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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 / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Secretary of State acted irrationally in refusing to accept the claimant's application for Leave Outside the Rules (LOTR) as valid due to the form used and the process for biometrics.
  2. 2 Whether the claimant was treated inconsistently or unfairly compared to others evacuated under Operation Pitting, and whether any legitimate expectation arose from government guidance.

Ratio Decidendi

The claimant had not made a valid application for Leave Outside the Rules (LOTR) because she used the ARAP application form rather than the required online visa application form. The Secretary of State was entitled to refuse to accept the application as valid, and the resulting inability to provide biometrics was a consequence of this. The claimant's circumstances did not engage the procedural unfairness found in previous cases, as she was able to travel to Pakistan to provide biometrics. The policies and criteria applicable after Operation Pitting were correctly applied, and no legitimate expectation or procedural unfairness arose from the published guidance. The claim for judicial...

Court Disposition

Claim dismissed