Refugee and Migrant Forum of Essex and London & Anor, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 1843 (19 November 2025)

Refugee and Migrant Forum of Essex and London & Anor, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 1843 (19 November 2025)

The Secretary of State's failure to provide immediate digital proof of immigration status to migrants on section 3C leave was not Wednesbury-unreasonable, given the gradual rollout of eVisas, the scale of affected persons, and absence of evidence that immediate implementation was practicable. The burden of proof for irrationality was not met by the claimants.

Citation
[2025] EWCA Civ 1843
Parties
Claimant/respondent: Refugee and Migrant Forum of Essex and London; Claimant/respondent: Cecilia Adjei; Appellant/defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 November 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; High Court declarations set aside.
Legal Topics
Section 3 C Leave, Digital Immigration Documentation, Wednesbury Unreasonableness, Padfield Principle, Equality Act 2010 S.149, Borders, Citizenship and Immigration Act 2009 S.55
Immigration Administrative Law Public Law Section 3 C Leave Digital Immigration Documentation Wednesbury Unreasonableness Padfield Principle Equality Act 2010 S.149 +1 more

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Parties

Refugee and Migrant Forum of Essex and London

Claimant/respondent

Cecilia Adjei

Claimant/respondent

Secretary of State for the Home Department

Appellant/defendant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Secretary of State's failure to provide digital proof of immigration status to migrants on section 3C leave is unlawful
  2. 2 Whether such failure is Wednesbury-unreasonable
  3. 3 Whether the Secretary of State breached section 55 of the Borders, Citizenship and Immigration Act 2009

Ratio Decidendi

The Secretary of State's failure to provide immediate digital proof of immigration status to migrants on section 3C leave was not Wednesbury-unreasonable, given the gradual rollout of eVisas, the scale of affected persons, and absence of evidence that immediate implementation was practicable. The burden of proof for irrationality was not met by the claimants.

Court Disposition

Appeal allowed; High Court declarations set aside.

Orders

  • No mandatory order for provision of digital documentation to all migrants on section 3C leave.
  • Declarations made by High Court quashed.