Thomas v Secretary of State for the Home Department

Thomas v Secretary of State for the Home Department

Permission to appeal is granted on both grounds: (1) the retrospective application of Immigration Rules may have been erroneous in light of Edgehill and Singh; (2) the lawfulness of the 'no recourse to public funds' condition under the Alvi principle is arguable and merits consideration by the Court of Appeal.

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
Judicial Review (immigration) / Application for Permission to Appeal From Upper Tribunal to Court of Appeal
Outcome
Permission to appeal granted
Legal Topics
Leave to Remain, Immigration Rules, Article 8 ECHR, No Recourse to Public Funds, Retrospective Application of Rules
Immigration Law Judicial Review Leave to Remain Immigration Rules Article 8 ECHR No Recourse to Public Funds Retrospective Application of Rules

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Parties

Oswald Washington Thomas

Applicant/claimant

Secretary of State for the Home Department

Respondent/defendant

Procedural Posture

Judicial Review (immigration) / Application for Permission to Appeal From Upper Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State could apply Immigration Rules effective after the applicant's application date
  2. 2 Whether imposing a 'no recourse to public funds' condition was lawful under the Alvi principle

Ratio Decidendi

Permission to appeal is granted on both grounds: (1) the retrospective application of Immigration Rules may have been erroneous in light of Edgehill and Singh; (2) the lawfulness of the 'no recourse to public funds' condition under the Alvi principle is arguable and merits consideration by the Court of Appeal.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal is granted on both grounds.
  • The case should be heard by a three-judge court, including a judge with significant immigration law experience.