R (on the application of Delipalta and others) v Secretary of State for the Home Department

Immigration – Leave to remain. The claimant Turkish nationals sought judicial review of the defendant Secretary of State's decision to grant them three years' discretionary leave to remain in the United Kingdom, rather than indefinite leave to remain. The Administrative Court, in dismissing the application, held that the Secretary of State's failure to act in accordance with her promise to the claimant's Member of Parliament that she would treat the case as a priority within the legacy programme had not led to historical injustice. There could be no illegality in denying an entitlement to a decision any earlier, as no such entitlement had existed.

Category: