Refugee and Migrant Forum of Essex and London & Anor, R (on the application of) v Secretary of State for the Home Department

Refugee and Migrant Forum of Essex and London & Anor, R (on the application of) v Secretary of State for the Home Department

The Court of Appeal held that the Secretary of State's failure to provide immediate digital proof of immigration status to all migrants on section 3C leave was not Wednesbury-unreasonable. The evidence did not establish that it was irrational for the Secretary of State to proceed with a gradual roll-out of eVisas, and there was no basis to conclude that immediate provision was practicable. The Padfield principle did not apply as there was no specific statutory power or scheme governing the provision of documentation to section 3C migrants. The section 55 ground was adjourned for further submissions, particularly in light of recent authority and the need to identify the relevant decision...

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
Appeal (judicial Review) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed on ground 1; cross-appeal dismissed; ground 2 (section 55) adjourned for further submissions.
Legal Topics
Section 3 C Leave, Digital Proof of Immigration Status, Wednesbury Unreasonableness, Padfield Principle, Section 55 of the Borders, Citizenship and Immigration Act 2009, Hostile Environment Regime
Immigration Law Administrative Law Public Law Section 3 C Leave Digital Proof of Immigration Status Wednesbury Unreasonableness Padfield Principle Section 55 of the Borders, Citizenship and Immigration Act 2009 +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

Appeal (judicial Review) / Court of Appeal Judgment on Appeal From High Court

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 Wednesbury-unreasonable
  2. 2 Whether the Secretary of State's approach frustrates the legislative purpose (Padfield principle)
  3. 3 Whether the Secretary of State breached section 55 of the Borders, Citizenship and Immigration Act 2009 by failing to consider the best interests of children

Ratio Decidendi

The Court of Appeal held that the Secretary of State's failure to provide immediate digital proof of immigration status to all migrants on section 3C leave was not Wednesbury-unreasonable. The evidence did not establish that it was irrational for the Secretary of State to proceed with a gradual roll-out of eVisas, and there was no basis to conclude that immediate provision was practicable. The Padfield principle did not apply as there was no specific statutory power or scheme governing the provision of documentation to section 3C migrants. The section 55 ground was adjourned for further submissions, particularly in light of recent authority and the need to identify the relevant decision...

Court Disposition

Appeal allowed on ground 1; cross-appeal dismissed; ground 2 (section 55) adjourned for further submissions.

Orders

  • The declarations made by the High Court are set aside to the extent they relate to Wednesbury-unreasonableness and Padfield grounds.
  • Further submissions are invited on the section 55 ground, with a timetable for written submissions and a possible further hearing.