JR2025LON000242 [2025] UKAITUR JR2025LON000242 (20 June 2025)

JR2025LON000242 [2025] UKAITUR JR2025LON000242 (20 June 2025)

SG made a valid human rights claim during her prison interview, which was refused by the Secretary of State's stage 2 decision, giving rise to a right of appeal. SG was granted ILR in 1993 in line with her mother, and her ILR continues because the deportation order has not yet taken effect due to ongoing appeal rights.

Citation
[2025] UKAITUR JR2025LON000242
Parties
Applicant: S G; First Respondent: First-tier Tribunal (Immigration & Asylum Chamber); Second Respondent: Secretary of State for the Home Department
Jurisdiction
United Kingdom
Judgment Date
20 June 2025
Procedural Posture
Judicial Review / Final Judgment on Substantive Claim and Permission
Outcome
Application for judicial review allowed in part; First-tier Tribunal's decision quashed and remitted; challenge to stage 2 decision and deportation order dismissed on substantive grounds but time extended and permission granted.
Legal Topics
Deportation, Human Rights Claim, Indefinite Leave to Remain, Procedural Fairness, Right of Appeal, Article 8 ECHR, Administrative Error
Immigration Law Human Rights Law Administrative Law Deportation Human Rights Claim Indefinite Leave to Remain Procedural Fairness Right of Appeal +2 more

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Parties

S G

Applicant

First-tier Tribunal (Immigration & Asylum Chamber)

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Judicial Review / Final Judgment on Substantive Claim and Permission

Legal Issues

  1. 1 Whether SG made a valid human rights claim during her prison interview on 11 October 2023
  2. 2 Whether the Secretary of State's stage 2 decision of 21 February 2024 was a refusal of a human rights claim giving rise to a right of appeal
  3. 3 Whether SG was granted Indefinite Leave to Remain (ILR) in 1993

Ratio Decidendi

SG made a valid human rights claim during her prison interview, which was refused by the Secretary of State's stage 2 decision, giving rise to a right of appeal. SG was granted ILR in 1993 in line with her mother, and her ILR continues because the deportation order has not yet taken effect due to ongoing appeal rights.

Court Disposition

Application for judicial review allowed in part; First-tier Tribunal's decision quashed and remitted; challenge to stage 2 decision and deportation order dismissed on substantive grounds but time extended and permission granted.

Orders

  • The First-tier Tribunal's decision of 28 October 2024 is quashed and the matter remitted for decision in accordance with the Upper Tribunal's findings.
  • Time for challenging the stage 2 decision and deportation order is extended and permission granted, but substantive relief is refused.