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

Immigration – Leave to remain. The claimant Yemeni national sought judicial review of the defendant Secretary of State's decision to grant her leave to remain, but prohibiting her from having recourse to public funds. The Upper Tribunal (Immigration and Asylum Chamber), in allowing the application, held that the Secretary of State had acted unlawfully in imposing the condition, as it had been made pursuant to a rule that had been unlawful, as it had not been laid before Parliament. Further, the Secretary of State had failed to comply with the public sector equality duty and had given inadequate reasons with respect to the claimant's disability.

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