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

Immigration – Leave to remain. The claimant applied for leave to remain in the United Kingdom and for an application fee waiver under the defendant Secretary of State's destitution fee waiver policy. The Secretary of State rejected the application, refusing to waive the application fee as the claimant did not qualify for a waiver. The claimant sought judicial review. The Administrative Court, in allowing the application, held that the policy was unlawful in that the refusal to waive the application fee was incompatible with the claimant's rights under art 8 of the European Convention on Human Rights.

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