Secretary of State for the Home Department v G (Algeria) [2018] EWCA Civ 2493

It had been wrong to quash the previous decision for the principal reason given, namely that (in effect) the Claimant was entitled to ILR. But: the decision was liable to be quashed nevertheless because the Secretary of State failed properly to take into account the evidence of the impact on the Claimant of the repeated grant of short periods of leave coupled with restrictive conditions. Had she done so it was arguable at least that she should have granted a longer period of leave and/or imposed less restrictive conditions. The Secretary of State’s essential point was that she was committed to overcoming the various legal barriers to the Claimant’s deportation, and that in those circumstances the grant of any long period of leave was inappropriate.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s