S & Anor. v Secretary of State for the Home Department & Anor.

S & Anor. v Secretary of State for the Home Department & Anor.

The Secretary of State's refusal to consider the Claimants' applications for LOTR was irrational because the required online application process was not practically available to the Claimants due to the lack of a Visa Application Centre in Afghanistan, and the workaround involved making a false statement. The Secretary of State should have considered the applications on the basis of the representations made, and it was irrational and procedurally unfair to require the Claimants to use an inappropriate form or make false statements.

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 Registration, Procedural Fairness
Immigration Law Administrative Law Leave Outside the Immigration Rules (lotr) Afghan Relocations and Assistance Policy (arap) Judicial Review Procedure Biometric Registration 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 consider the Claimants' applications for Leave Outside the Immigration Rules (LOTR) was lawful
  2. 2 Whether the Claimants were required to use a specific online visa application form (VAF) to apply for LOTR
  3. 3 Whether failure to provide biometrics due to lack of Visa Application Centres in Afghanistan rendered the applications invalid

Ratio Decidendi

The Secretary of State's refusal to consider the Claimants' applications for LOTR was irrational because the required online application process was not practically available to the Claimants due to the lack of a Visa Application Centre in Afghanistan, and the workaround involved making a false statement. The Secretary of State should have considered the applications on the basis of the representations made, and it was irrational and procedurally unfair to require the Claimants to use an inappropriate form or make false statements.

Court Disposition

Appeal dismissed

Orders

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