S & Anor v Secretary of State for the Home Departmen & Anor [2022] EWCA Civ 1092 (29 July 2022)

S & Anor v Secretary of State for the Home Departmen & Anor [2022] EWCA Civ 1092 (29 July 2022)

The Secretary of State's refusal to consider the claimants' applications for Leave Outside the Rules was irrational and procedurally unfair because the claimants could not complete the required online visa application forms due to the lack of a Visa Application Centre in Afghanistan for biometrics enrolment, and the only workaround involved making a knowingly false statement. The Secretary of State should have exercised discretion to consider the applications in these circumstances. However, the ARAP application form did not constitute a valid application for LOTR under the guidance.

Citation
[2022] EWCA Civ 1092
Parties
Claimant/respondent: S; Claimant/respondent: AZ; Defendant/appellant: Secretary of State for the Home Department; Defendant/appellant: Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Leave Outside the Immigration Rules (lotr), Afghan Relocations and Assistance Policy (arap), Judicial Review Procedure, Biometric Requirements, Procedural Fairness
Immigration Law Administrative Law Public Law Leave Outside the Immigration Rules (lotr) Afghan Relocations and Assistance Policy (arap) Judicial Review Procedure Biometric Requirements Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

S

Claimant/respondent

AZ

Claimant/respondent

Secretary of State for the Home Department

Defendant/appellant

Secretary of State for Defence

Defendant/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the refusal to accept the claimants' applications for Leave Outside the Rules (LOTR) was lawful
  2. 2 Whether the claimants' submission of ARAP forms constituted valid applications for LOTR
  3. 3 Whether the requirement to use online visa application forms (VAFs) was rational and procedurally fair given the circumstances

Ratio Decidendi

The Secretary of State's refusal to consider the claimants' applications for Leave Outside the Rules was irrational and procedurally unfair because the claimants could not complete the required online visa application forms due to the lack of a Visa Application Centre in Afghanistan for biometrics enrolment, and the only workaround involved making a knowingly false statement. The Secretary of State should have exercised discretion to consider the applications in these circumstances. However, the ARAP application form did not constitute a valid application for LOTR under the guidance.

Court Disposition

Appeal dismissed

Orders

  • The Secretary of State's refusal to consider the claimants' applications for Leave Outside the Rules is quashed; the Secretary of State must proceed to a substantive decision on the applications.