*R (on the application of Carrasco) v Secretary of State for the Home Department

Immigration – Leave to remain. The claimant Ecuadorian national applied for leave to remain. In March 2011, the defendant Secretary of State rejected that application without reference to the claimant's children. The claimant applied for judicial review and in July, the Secretary of State agreed by consent to review the March 2011 decision. In the same month, the Secretary of State's policy changed with the effect that those in the claimant's position would receive discretionary leave to remain (DLR). In November, the Secretary of State granted the claimant three years' DLR. The claimant sought judicial review of the decision to grant him DLR rather than indefinite leave to remain (ILR). That claim was brought late due to the claimant's financial position. Allowing the claim, the Administrative Court accepted the claimant's submission that his case had fallen within the types of scenarios in which the Secretary of State had contemplated that the granting of ILR after the policy change in July 2011 would have been appropriate. Further,whilst the delay in bringing the claim had been undue delay, it had not been particularly reprehensible and in the circumstances of the case and declarative relief would be granted.

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