ST and another v Secretary of State for the Home Department); C1 and another v Secretary of State for the Home Department

Immigration – Refugee. The claimants in two separate cases were mandate refugees who had been refused resettlement in the United Kingdom by the Secretary of State as they had not met the criteria in her relevant policy. In the first case, the claimants' application for judicial review of the decision was refused, in the second case such an application was allowed. The Court of Appeal, Civil Division, held that the categories of 'close family' in the policy applied to the person seeking resettlement and not to the family member already living in the UK. Further, art 8 of the European Convention on Human Rights was not engaged by the policy and, if it was, then any interference was proportionate to the legitimate aim of immigration control. The respective appeals were dismissed.

Category: