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England and Wales decisions
Decisions matching the current search
The Upper Tribunal quashed a Restricted Leave decision, finding the Home Secretary irrationally anticipated removal to Russia and failed to address expert evidence properly.
The Upper Tribunal held that refusal of indefinite leave to remain under the restricted leave policy was lawful and proportionate, though Article 8 was engaged by the applicant’s health.
The High Court quashed two restricted leave decisions after finding the Home Office failed to consider further evidence of the claimant’s intellectual functioning.
The Court of Appeal allowed the Secretary of State’s appeal in part, holding the High Court erred on indefinite leave, but quashed the leave decision for failure to consider mental-health impact.
Secretary of State for the Home Department v G (Algeria) [2018] EWCA Civ 2493 (08 November 2018)
Court of Appeal considered restricted leave, ILR, and leave conditions for an Algerian national, holding the main ILR reasoning was wrong but the quashing order remained justified.
The Court of Appeal held that the UT applied the wrong test on ILR for a person excluded under Refugee Convention Article 1F and allowed the Secretary of State’s appeal.
The Court of Appeal upheld the Restricted Leave Policy, dismissed MS and MBT’s appeals, and allowed the Secretary of State’s appeal against quashing an ILR refusal.
MS & Anor v The Secretary of State for the Home Department [2017] EWCA Civ 1190 (31 July 2017)
The Court of Appeal upheld the lawfulness of the Restricted Leave Policy for excluded but irremovable asylum seekers, but required proper case-specific consideration of ILR applications.
The High Court quashed a leave-to-remain decision, holding that restrictive conditions and short leave were unjustified given the claimant’s circumstances and lack of absconding risk.
G v Secretary of State for the Home Department [2016] EWHC 3232 (Admin) (16 December 2016)
The High Court quashed a leave-to-remain decision, holding that continuing short limited leave and restrictive conditions were no longer justified on the claimant’s circumstances.
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