England and Wales Case Law

Nino Henriques Nunes v Secretary of State for the Home Department

The Secretary of State misapplied the Discretionary Leave Policy transitional arrangements by retrospectively applying criminality thresholds to the Claimant, who was granted DL before 9 July 2012. The correct interpretation is that pre-July 2012 applicants should normally be dealt with under the earlier policy unless they fall within restricted leave or there is a material change of circumstances. The SSHD's application of the new criminality thresholds was unlawful in this context.

Source excerpt

• Indefinite leave to remain
• Discretionary leave policy
• Criminality thresholds
• Transitional arrangements
• Article 8 echr
• Article 14 echr

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Bingyan Lin & Anor, R (on the application of) v The Secretary of State for the Home Department

The closure of the EUSS FMQBC route and the application of the 8 August 2023 cut-off date were justified, proportionate, and lawful. EEA residence cards ceased to be valid evidence of lawful residence after 30 June 2021. The Claimants had no established right to apply for settled status after the cut-off date, and the Defendant's refusal to consider their applications was neither discriminatory nor irrational.

Source excerpt

• European union withdrawal
• Residence rights
• Discrimination under article 14 echr
• Indefinite leave to remain
• Immigration rules appendix eu
• Surinder singh principle

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YC, R (on the application of) v Secretary of State for The Home Department

YC, R (on the application of) v Secretary of State for The Home Department [2026] EWCA Civ 285 (16 March 2026)

The Court of Appeal held that the Home Secretary could correct an obvious clerical error by replacing an unintended ILR grant with limited leave, and dismissed the appeal.

• Indefinite leave to remain
• Implied powers of public authorities
• Revocation and withdrawal of immigration status
• Judicial review
• Statutory interpretation
• Administrative error correction

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Tomas Molnar v Secretary of State for the Home Department

Decisions to deport EU citizens with ILR for offences committed after Brexit constitute restrictions on residence rights under the Withdrawal Agreement. However, Article 20.2 of the Withdrawal Agreement allows deportation for such conduct solely under national legislation, and does not require an EU proportionality assessment or substantive safeguards from Chapter VI of the Citizens’ Rights Directive. Procedural safeguards from the Directive may apply only to the extent not inconsistent with Article 20.2. The appeals are dismissed on the proportionality ground, as the effect of the Withdrawal…

Source excerpt

• Deportation
• Citizens’ rights directive
• Withdrawal agreement
• Proportionality
• Procedural safeguards
• Indefinite leave to remain

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Nunes v Secretary of State for the Home Department

Nunes v Secretary of State for the Home Department [2026] EWHC 196 (Admin) (10 February 2026)

The High Court quashed the refusal of indefinite leave to remain, holding that the Home Office wrongly applied post-2012 criminality rules to a pre-2012 Discretionary Leave case.

• Indefinite leave to remain
• Discretionary leave policy
• Criminality thresholds
• Transitional arrangements
• Article 8 echr
• Article 14 echr

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Sohail Tasib, R (on the application of) v Secretary of State for the Home Department

The High Court rejected a judicial review challenge to an authority-to-carry refusal and an exclusion decision involving a Pakistani national with ILR and serious criminal convictions.

• Authority to carry scheme
• Deportation
• Exclusion from uk
• Commonwealth citizens
• Indefinite leave to remain
• Article 8 echr

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Tasib, R (On the Application Of) v Secretary of State for the Home Department

Tasib, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 139 (Admin) (28 January 2026)

Judicial review of an authority-to-carry refusal and exclusion decision by the Home Secretary. The High Court rejected vires, article 8, fairness and access-to-justice challenges.

• Authority to carry scheme
• Indefinite leave to remain
• Deportation of foreign criminals
• Commonwealth citizens' rights
• Access to justice
• Article 8 echr

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Olamide Jimoh v Secretary of State for the Home Department

The High Court quashed refusal of ILR under transitional discretionary leave policy, holding that historic criminality alone did not justify departure from the normal settlement route.

• Indefinite leave to remain
• Discretionary leave policy
• Medical claims policy
• Best interests of the child
• Judicial review
• Immigration rules

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Jimoh v Secretary of State for the Home Department

Jimoh v Secretary of State for the Home Department [2025] EWHC 3129 (Admin) (27 November 2025)

The High Court allowed a judicial review of an ILR refusal, holding that the Home Secretary misapplied the DL and Medical Claims policies and failed to properly assess the child’s best interests.

• Indefinite leave to remain
• Discretionary leave policy
• Medical claims policy
• Best interests of the child
• Judicial review
• Immigration rules

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Hippolyte, R (on the application of) v Secretary of State for the Home Department

The Court of Appeal held that the Home Secretary failed to consider discretion to waive Windrush continuous residence criteria and that relief should not have been refused under section 31(2A).

• Windrush scheme
• Indefinite leave to remain
• Non-fettering principle
• Discretionary powers
• Judicial review
• Leave outside the immigration rules

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