ST & Anor v The Secretary of State for the Home Department [2014] EWCA Civ 188 (28 February 2014)

ST & Anor v The Secretary of State for the Home Department [2014] EWCA Civ 188 (28 February 2014)

The Mandate Refugee policy's 'close ties' criteria refer to the applicant's relationship to persons settled in the UK, not the other way around. The Secretary of State's interpretation is correct. None of the applicants fell within the qualifying categories or demonstrated exceptional circumstances. The Secretary of State lawfully exercised discretion and was not required to give overriding effect to UNHCR referrals or broader family/historic ties. The appeals of ST and ET are dismissed; the appeal of the Secretary of State in C1 and C2 is allowed.

Citation
[2014] EWCA Civ 188
Parties
Appellant: ST; Appellant: ET; Respondent (in ST and Et); Appellant (in C1 and C2): The Secretary of State for the Home Department; Respondent (in C1 and C2): C1; Respondent (in C1 and C2): C2
Jurisdiction
England and Wales
Judgment Date
28 February 2014
Procedural Posture
Appeal (joined Appeals From Judicial Review) / Court of Appeal Judgment
Outcome
Appeals of ST and ET dismissed; appeal of Secretary of State in C1 and C2 allowed.
Legal Topics
Refugee Resettlement Policy, Mandate Refugees, Judicial Review, Interpretation of Government Policy, UNHCR Cooperation, Exceptional Circumstances in Immigration
Immigration Law Administrative Law International Law Refugee Resettlement Policy Mandate Refugees Judicial Review Interpretation of Government Policy UNHCR Cooperation +1 more

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Parties

ST

Appellant

ET

Appellant

The Secretary of State for the Home Department

Respondent (in ST and Et); Appellant (in C1 and C2)

C1

Respondent (in C1 and C2)

C2

Respondent (in C1 and C2)

Procedural Posture

Appeal (joined Appeals From Judicial Review) / Court of Appeal Judgment

Legal Issues

  1. 1 Proper interpretation of the Secretary of State's Mandate Refugee resettlement policy
  2. 2 Whether the applicants fell within the 'close ties' or 'exceptional circumstances' criteria for resettlement
  3. 3 Whether the Secretary of State lawfully exercised discretion in refusing resettlement

Ratio Decidendi

The Mandate Refugee policy's 'close ties' criteria refer to the applicant's relationship to persons settled in the UK, not the other way around. The Secretary of State's interpretation is correct. None of the applicants fell within the qualifying categories or demonstrated exceptional circumstances. The Secretary of State lawfully exercised discretion and was not required to give overriding effect to UNHCR referrals or broader family/historic ties. The appeals of ST and ET are dismissed; the appeal of the Secretary of State in C1 and C2 is allowed.

Court Disposition

Appeals of ST and ET dismissed; appeal of Secretary of State in C1 and C2 allowed.

Orders

  • Applications for resettlement by ST and ET refused; judicial review dismissed.
  • Orders granting resettlement to C1 and C2 set aside; Secretary of State's refusal reinstated.