Source: All England Reporter
Publisher Citation: [2005] All ER (D) 283 (Nov)
Neutral Citation: [2005] EWCA Civ 1363
Court: Court of Appeal, Civil Division

Laws, Thomas and Nelson LJJ

Representation Raza Husain (instructed by Fisher Meredith) for the claimant in the first appeal.
  Manjit Gill QC and Sonali Naik (instructed by Wilson & Co) for the claimant in the second appeal.
  Ashley Underwood QC (in the first appeal) and with Elisabeth Laing (in the second appeal) (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 22 November 2005


Immigration - Refugee - Asylum - Removal to third country - Requirement to apply Third Country Family Links Policy - Certification of claims as manifestly unfounded - Whether enforceable legitimate expectation that policy should be applied.

The Case

The Court of Appeal dismissed the claimants' appeals, which both raised issues involving a policy of the Secretary of State known as the Third Country Family Links Policy and the legal principle of legitimate expectation. There was no abuse of power in the first appeal, and therefore nothing, in terms of legitimate expectation to entitle the claimant to a judgment compelling the Secretary of State to apply the unrevised policy in his case. In the second appeal the Secretary of State never considered whether the policy should be disapplied on particular grounds, because on his view of the facts, the policy in any event had no application.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.