AB & Anor v Home Office
The Home Office's statutory duties and time limits for issuing residence cards did not apply to Ms C as an extended family member; the Home Office's conduct, though maladministrative and delayed, did not amount to misfeasance in public office or actionable breach of undertaking, nor did it infringe Article 8 ECHR as...
Source-derived case information.
- Parties
- Claimant: A. B.; Claimant: M. V. C.; Defendant: Home Office
- Jurisdiction
- England and Wales
- Judgment Date
- 16 February 2012
- Procedural Posture
- Civil / Final Judgment
- Outcome
- action dismissed
- Legal Topics
- Residence Rights, Statutory Duty, Misfeasance in Public Office, Undertakings to Court, Article 8 ECHR, Delay and Maladministration
Source-derived case record
Summary, issues, holding and outcome
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Parties
A. B.
Claimant
M. V. C.
Claimant
Home Office
Defendant
Procedural Posture
Civil / Final Judgment
Legal Issues
- 1 Whether the Home Office breached statutory duty under EU law and UK regulations by delaying issuance of EEA residence card
- 2 Whether the Home Office committed misfeasance in public office
- 3 Whether breach of undertaking to Upper Tribunal gives rise to damages
Ratio Decidendi
The Home Office's statutory duties and time limits for issuing residence cards did not apply to Ms C as an extended family member; the Home Office's conduct, though maladministrative and delayed, did not amount to misfeasance in public office or actionable breach of undertaking, nor did it infringe Article 8 ECHR as the consequences were not sufficiently serious or irreversible. No cause of action for damages was established.
Court Disposition
action dismissed
Full Case Text
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